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(영문) 인천지방법원 부천지원 2019.06.13 2019고단359
분묘발굴등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant divided the land of Incheon reinforced C, where the grave is located into three lots in around 2013, and the land of C, where the grave is located, such as B's double birth, referring, etc., the defendant owned the land of D', the land of D', and the land of F', the land of land, and the land of B, the shape of which are siblings B, and the land of land management and removal were stationed.

1. Around February 2017, the Defendant proposed that B arrange for a grave located in the above forest and fields, but B did not consent thereto. Around March 14, 2017, around 07:00 to 12:00, up to 12:00, up to 200, the Defendant employed a grave of 11 specifications, such as G in the above forest and fields, and opened a grave of 12 remains containing 12 joint burials (one joint burials), and then destroyed 12 joint burials (one joint burials) by using the joint burials connected to LPG gas.

2. No person who violates the Funeral Services, etc. Act shall make cremation in any facility or place other than a crematory facility;

Nevertheless, the Defendant buried the remains of 12 in the same manner as stated in the date, time, and place mentioned in paragraph (1).

As a result, the defendant cremation 12 remains in places other than crematory facilities.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A report on investigation ( Results of on-site verification of the crime scene);

1. Investigation report (or H and telephone call);

1. Submission of additional data (I or a certified copy of the removal);

1. Application of Acts and subordinate statutes to bound materials ( CHAPTER XIII photographs of crime scene);

1. Relevant provisions of the Criminal Act and Articles 161(2) and (1) of the Criminal Act concerning facts constituting an offense (the occupation of cremation and the selection of imprisonment), and Articles 40(2) and 7(2) of the Act on Funeral Services, Etc. (the occupation of cremation and the selection of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and the management of graves, etc.

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