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(영문) 광주지방법원 2017.12.21 2017고단1145
분묘발굴
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 8, 2006, the Defendant purchased C’s land and newly constructed a house on the above land in around 2012, and demanded that I move the three of the three of the three graves belonging to H clans to the managing body of the H clans of D No. 17, E, 18, 19, and 19, whose grave base was installed for a long time, and formed the grave base right. However, I demanded that I move the three of the three graves belonging to H clans to the management body of the H clans. However, on October 2015, the Defendant reported the said grave as a non-fluence grave and received the permit for relocation at will, and tried to find it arbitrarily, and around May 28, 2016, the Defendant discovered the grave by taking advantage of the refluencer with knowledge of the management of the said grave on the above land.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of J, K and I;

1. Application of all matters to be registered, copies of books, details of entry and exit transactions, copies of notices of permission for relocation of abandoned graves, copies of permits for relocation, copies of cremation certificates, printed copies, copies of identification cards, copies of identification cards, certified copies of identification cards, copies of L money withdrawals, copies of reasons not knowing the relatives of graves, public announcement of relocation of media companies, copies of field photographs, application of statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the argument is that the Defendant could not contact with the manager of the grave as indicated in the facts charged (hereinafter “the grave of this case”), and the said grave was left abandoned on the last day, and thus, excavated the grave of this case by implementing the relevant procedure pursuant to Article 27 of the Funeral Services Act and obtaining permission to open the grave from the State mayor. As such, the Defendant’s act is “an act by law” and “an act by mistake that does not constitute a crime by law” under Article 20 of the Criminal Act and “an act by mistake that does not constitute a crime by law” under Article 16 of the Criminal Act, and thus, the illegality is dismissed pursuant to Article 16 of the Criminal Act.

2. Determination

(a) Article 20 of the Criminal Act;

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