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(영문) 수원지방법원 안양지원 2013.04.24 2013고단177
분묘발굴유골손괴등
Text

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 6 months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A as the wife of GJ H, H was killed on or around April 2007 when H had been in charge of managing the said grave on or around the ground of GJ’s death, and Defendant B was a person who was in charge of managing the said grave at the request of Defendant A after the death of H, and Defendant B was in charge of managing the grave at the request of Defendant B. Defendant C was a person who was aware of while living in the same Dong D, such as Defendant B and H.

Defendant

B From the spring point of spring of 2012, Defendant A paid personnel expenses incurred in the above crime to remove graves because it was difficult for Defendant A to manage the graves in the above forest and field, and Defendant B and C conspired to arbitrarily remove the said graves and bury their remains.

On September 14, 2012, the Defendants: (a) sold the two graves buried in a group of K, M and grandparents, and (b) sold the remains in a group of K by using gas burners from the site of the land in the military and field under the jurisdiction of the Si/Gun/Gu on September 14, 2012; and (c) transported the remaining remains by using the gas burner.

As a result, the Defendants conspired to excavate a grave to damage the remains and make cremation in a place other than a crematory facility.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The prosecutor's statement to K;

1. Defendant A and his/her defense counsel on the assertion of the persons involved in the litigation at the site photographs and removals of copies of the family register asserted that there is no intention since they were discovered and discovered with the tombstones, and thus, they constitute criminal negligence without intention, and thus, Defendant B, C and their defense counsel are in accordance with the instructions of Defendant A, and thus,

However, the crime of excavating a grave shall be deemed to be subject to punishment in the case of excavation against the religious order and order of the body even if a person who is not authorized or authorized to do so.

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