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(영문) 수원지방법원 여주지원 2014.04.07 2013고단366
분묘발굴
Text

Defendants shall be punished by imprisonment for six months.

Defendant

With respect to A, the above sentence shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the spouse of the deceased F, who is the head of the Simna, the head of the Simna, the head of the Simna, the head of the Simna, the head of the Gu.

Defendant

A around June 2, 2011, from I purchased the 4 lots of land, such as G, G, etc. in the 1995 G, A tried to discover and bury each of the above graves on the condition that he would receive a total of KRW 30 million from the above I, while J, etc., in receipt of a request for an objection to the four pieces of graves from the Y, the Y, the area of the Y, the area of the Y and the area of the Y, the area of the Y, and the area of the Y, the area of the Y.

Defendant

A around June 11, 201, at the defendant's house located in Gyeonggi-gun, Gyeonggi-do, requested the relocation of a grave to Defendant B, and Defendant B employed one sckele and three sckele, and on October 20, 201, excavated the remains buried in two joints (one joints for scke, scke, scke, and sckele for scke), among the above forests and fields, from among the above forests and fields, installed a charnel in the land located within the boundary of the forest and fields, and arbitrarily buried the remains in the land located within the boundary of the forest and fields, and buried the said remains at will on March 10, 2012, and buried at the same method two remaining graves (one joints of the JJ) in the same manner.

As a result, the Defendants conspired to discover a grave.

Summary of Evidence

1. Defendants’ legal statement in the first trial record

1. The entry of witnesses, J and M in the fifth trial records, and the statement of witness N in the sixth trial records;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police concerning L;

1. The application of the Acts and subordinate statutes governing the examination, publication, removal, and field photo;

1. Defendants of the pertinent legal provisions concerning criminal facts: Articles 160 and 30 of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A: Judgment on the assertion under Article 62(1) of the Criminal Act

1. Defendant A has the right to manage and dispose of the grave of this case. Thus, the act of discovering the grave of this case is justified.

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