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(영문) 광주지방법원 순천지원 2021.03.25 2020고단460
분묘발굴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the owner of the land B in the Southern-gun, was in mind to form a dry field by clearing the above land at the end of 2017.

1. In the process of creating a dry field as above at the end of 2017, the Defendant: (a) took advantage of the insertingion of the c’s grave in C’s capital increase and decreaseed g, located in C’s land, Nam-gun E, Nam-gun, Nam-gun; and (b) taken advantage of the c’s remains in the depth where the remains were buried.

Accordingly, the defendant found each of the above graves.

2. In the process of creating dry field as above around August 2018, the Defendant: (a) made use of a saw to allow each of the non-person parts of his name to cut two gs of pine trees in the market price, which was planted on the said land; and (b) cut down two gs of pine trees in the market price.

Accordingly, the defendant damaged the property owned by D.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police record of the statement made by the defendant in relation to the defendant's legal statement C, the results of surveying the status of the police record, satellite photographs, graves photographs, and pine tree photographs

1. Relevant provisions of the Criminal Act, Article 160 of the Criminal Act, and Article 366 of the Criminal Act, concerning facts constituting an offense (the point of destroying property and of selecting imprisonment);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age and health status, criminal records, criminal records, sex, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as indicated in the order.

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