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(영문) 광주지방법원 2016.01.19 2015고단4666
분묘발굴유골손괴
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

The defendant's health is not good because of the location of the defendant's graves D, the father's father's father's headquarters, the defendant's father's headquarters in Naju-si.

I think, I tried to excavate the remains and bury them in a charnel without obtaining the consent of the F, who is in the service of the defendant who is in custody of the said grave, and without obtaining the consent of the F.

Accordingly, around July 22, 2015, the Defendant: (a) laid off a grave in the G’G’s mountain, H, etc. located in G, and excavated two remains of the deceased and deceased E, using a farming tool; and (b) excavated the remains of the deceased and the deceased, by burning them by burning them to a 200-meter away from the site of the burial; and (c) excavated each grave and destroying their remains.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each statement in the police interrogation protocol against the defendant or H concerning the suspect;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes governing the excavation of graves;

1. Article 161 (2) and (1) of the Criminal Act (Options of imprisonment with prison labor) concerning the relevant criminal facts and the selection of punishment;

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 Defendant’s crime of this case, with the reason of sentencing under Article 62(1) of the Criminal Act, was destroyed by excavating and destroying the remains, even though his father and the head office did not have the authority to safeguard, volunteer, and manage and dispose of the graves. In particular, when considering that the Defendant excavated and damaged the graves without any kinship with the deceased, it is inevitable to punish the Defendant corresponding thereto.

However, the Defendant excavated a grave after the removal of the deceased for the deceased, buried the remains, buried them in a nearby temple, buried them in a nearby temple, and buried the remains in the original grave in a flat form at F’s request, etc.

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