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(영문) 수원지방법원 평택지원 2015.11.12 2015고단1289
분묘발굴유골손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2013, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and the judgment became final and conclusive on October 5, 2013.

【Criminal Facts】

The Defendant, by using the fact that the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) registered as a relative to a grave buried in a project area in relation to a housing site development project conducted in Pyeongtaek-si C, and received a permit for relocation, found another person’s grave and buried the remains to receive compensation from the LH Corporation, and received a false claim for compensation.

1. Burial, excavation, charnel, damage and destruction of graves;

A. On June 3, 2013, around June 3, 2013, the Defendant: (a) removed the clothes of each of the said graves using the cretainer without any authority to manage and dispose of the remains of the deceased person’s grave (F) located in Pyeongtaek-si; (b) removed the remains in the said grave; and (c) buried the remains in the H crematorium located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on the same day.

Accordingly, the defendant excavated a grave and damaged its remains.

B. Around June 5, 2013, around June 5, 2013, the Defendant: (a) took advantage of the scrows, without any authority to manage and dispose of the remains of the deceased decedents as indicated in paragraph (a) of Article 1; (b) took care of the remains in the said grave; (c) taken care of the remains in the said grave; and (d) buried the remains in the H crematorium on the same day.

Accordingly, the defendant excavated a grave and damaged its remains.

2. On June 5, 2013, the Defendant violated the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and related documents, such as an application for compensation for the relocation of a grave, which was falsely prepared by the Defendant, at the victim LH Corporation office located in Pyeongtaek-si K, and as if the Defendant was a real manager of three graves (one grave I, F, and J) excavated without permission as prescribed in paragraph (1).

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