logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.07.24 2014노2730
분묘발굴
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant's excavation of the grave of this case does not violate the ordinary social rules as lawful acts under the court's correction of correction or the law, and thus, its illegality is excluded. In addition, the defendant excavated the grave of this case with the delegation of legitimate disposal authority from the J and the deceased's grandchildren, who are legitimate removal of the grave of this case, or the deceased's grandchildren, and with the deceased's approval for excavation. Thus, the defendant's act should be pronounced not guilty as legitimate acts, but the judgment of the court

[Defendant’s defense counsel added unfair sentencing as a new ground for appeal through the summary of oral argument dated July 10, 2015. However, in full view of various circumstances, including the motive, background, means, and consequence of the crime specified in the instant argument and the record, the degree of participation, circumstances after the crime was committed, criminal records, criminal records, statutory penalty (Article 160 of the Criminal Act provides for a single punishment of not more than five years), legal interests of the penal provision (Article 160 of the Criminal Act stipulates a single punishment of not more than five years), and balance of sentencing with accomplices, the above argument does not constitute a ground that may affect the judgment of the court below on the ground that it does not constitute grounds for lack of reason (see, e.g., Supreme Court Decisions 96Do2076, Nov. 8, 1996; 96Do16, Sept. 6, 1996).

2. Determination

A. The lower court: (a) found a grave after obtaining permission for relocation from H, the manager of the decedent’s grave; (b) however, H sold the site for the decedent’s grave to the site where the grave would have been created; and (c) cannot be deemed as having the right to volunteer service, care, management, and disposal of the individual grave; and (d) H granted the permission for relocation to the Defendant.

arrow