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(영문) 대구지방법원 김천지원 2012.09.26 2012고단304
분묘발굴
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Around May 24, 2010, the Defendant sold to D the grave located in the Gu-si C/U.S. to a different place until October 30, 2010, among 11,680 square meters of land (hereinafter “the instant forest”) among 13,476 square meters of the said grave, on or around May 24, 2010, under the condition that the grave located in the said mountain would be buried in another place. However, the Defendant sold the said grave to D on or around October 30, 2010, but the said condition of the said contract was difficult to be terminated due to the failure to implement the said contract due to the opposition of the descendants of the said grave, and in collusion with E (the two years of suspended execution in June 12, 2012) (the instant grave was sentenced to imprisonment with prison labor for 2 years) (the instant grave’s 20 meters away from his/her name and body in the instant forest, and had them excavate his/her remains with his/her grandparent’s depth, and 2 20 meters of the instant grave.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, D and G;

1. Some statements in the interrogation protocol of the prosecution against E and the accused;

1. Statement by the prosecution concerning D;

1. Partial statement of each police interrogation protocol against the accused;

1. Some statements in the copy of the police interrogation protocol regarding E;

1. The police statement concerning F;

1. Some statements in the police statement concerning D;

1. Sales contract of real estate, investigation report (as to attachment of a grave excavation site photograph), content certification, investigation report (as to attachment of a grave excavation site photograph), investigation report (as to E's son J phone liaison), investigation report (as to intent to refuse to submit details of transactions of passbook E), investigation report (as to intent to refuse to submit details of passbook E), investigation report (as to confirmation of details of passbook transactions and cell phone sending details), investigation report (as to confirmation of remittance details and contact details), investigation report (as to confirmation of contact details) and contact information.

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