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(영문) 제주지방법원 2018.03.28 2017고단2333
분묘발굴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

around May 2016, the Defendant was developing land in Jeju-si C and D with respect to E he purchased at around 2016.

F arbitrarily opened the four clans of the F F’s husband G, which were managed by the F, through his funeral business operators, and found the graves.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and F;

1. A protocol concerning the examination of each police suspect to I or J;

1. Investigation report (acceptance of photographs of graves buried in the Common Cemetery located in K from the person to whom such report is filed);

1. 분묘 개장 공고 팻말 사진, 관련 사진 법령의 적용

1. Article 161 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Four months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (In view of the evidence submitted by the Prosecutor, such as the witness’s statements, the grave was managed by the relative to the person in need of guard service, and the Defendant was also aware of the fact.

Recognized.

However, the sentence shall be suspended in consideration of the fact that the defendant has no record of committing a crime exceeding the fine, that the defendant moved to a common cemetery with the procedure for and for example, keeping the grave, and that the defendant seems to recognize the fact itself and to reflect the mistake.

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