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(영문) 대전지방법원 천안지원 2016.07.21 2016고단439
분묘발굴
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant sold the above land to E on the condition that the deceased graves, etc. located within the land of the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do (hereinafter “instant land”). However, as the F, who is the grandchildren of the networkD managing the said grave, was unable to oppose this Chapter, the Defendant opened the said land to remove and bury it.

On April 17, 2015, the Defendant: (a) buried the remains of the instant grave D (hereinafter referred to as “instant grave”); and (b) buried the remains of the instant grave via G, a grave relocation business entity, and (c) laid the remains of the I Park Burial in the Southern-gu, Southern-gu, Hacheon-gu.

Accordingly, the defendant found a grave.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement by the witness F and J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against the F;

1. A report on investigation;

1. D grave photographs;

1. Adjustment of satisfaction;

1. Application of information Acts and subordinate statutes to guide the exercise of grave bases;

1. Article 160 of the Criminal Act concerning the facts constituting the crime;

1. Article 62(1) of the Criminal Act provides that the Defendant and his defense counsel’s defense counsel’s assertion of innocence and determination of innocence of the instant grave shall be asserted to the effect that the Defendant’s legitimate protection of the instant grave, or that the Defendant’s defense counsel transferred to the same effect with the consent of the victim, who is the guardian of the instant grave, was justifiable.

The purpose of the crime of excavating a grave is to punish a person who is not authorized to do so or even if he is authorized to do so, in violation of the religious order and order of the body of the grave. Thus, if a person who is authorized to protect, serve, manage, and dispose of the grave without permission, or a person who is duly authorized by him to do so, finds it out in the same manner as a religious and customary order of the body, the illegality of the act should be avoided. On the other hand, the right of service, protection, management, and disposal of the grave is a clan or a person who is authorized to do so.

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