2013 Highest 3189 Excavation of a grave

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October 10, 2013

A defendant shall be punished by imprisonment for not more than ten months.

Criminal History Office

The defendant is a person who operates a '00 master' company in the two Dongs of Daegu Seo-gu.

On December 22, 2012, at around 00, the Defendant excavated the remains in the grave by hiring six human fathers, without obtaining prior consent from the bereaved family members or permission from the competent authorities to open the grave. On December 13, 2012, the Defendant discovered the grave by placing five remains in the grave, which were located in this paper in the Cheongdo-gun, Chungcheongnam-do-gun, Chungcheongnam-do-gun, Chungcheongnam-do-do-si, and by laying the remains in the grave, in a way that it is known to the legal history of the Mari-gun, Mari-gun, Mari-gun, Mari-gun, Mari-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of Park △△△△△;

1. Statement of statement to the police officer about ○○;

1. Photographs of graveyard damaged materials and investigation reports (Attachment of photographs of the excavation site);

Application of Statutes

1. Article applicable to criminal facts;

Article 160 of the Criminal Code

1. Aggravation for concurrent crimes;

The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the defendant received 60 million won in the case cost for six graves, the owner of a forest and field, and eight additional graves, the total amount of which is KRW 90 million (or KRW 30 million in addition to the additional payment of KRW 90 million after this Chapter) from the owner of the grave; and (b) discovered the grave in accordance with this disability cycle until December 22, 2012; and (c) found the grave in this case with the knowledge that the grave in question is being connected to the grave in accordance with this disability cycle; and (d) the remaining remains are not properly recovered; and (e) it seems that the remaining remains are considerable to the mental suffering of his descendants; and (e) it appears that the suffering can not be easily cured in money; and (e) there is no agreement with his grandchildren, such as the manager, etc. of the grave.

However, the defendant's mistake is divided, and the 15 million won is deposited as the person who has been charged with the crime, and there is only before and after the fine is imposed, and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are considered in the arguments of this case. It is so decided as per Disposition by taking into account the various sentencing factors shown in the arguments of this case.

Judge Dog-dol, Kim Jong-chul