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(영문) 대구지방법원 2017.09.19 2017고단2078
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

Although the defendant tried to sell the above forest land to another person as the owner of the forest land in Cheongdo-gun C, he had father Eul's graves managed by D, the defendant's error in the above forest land.

On March 28, 2016, the Defendant removed the remains and excavated them without the consent of the above D.

Accordingly, the defendant found a grave.

Summary of Evidence

1. Each legal statement of witness F and D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Confirmation of each factual relationship and written consent of G, H and I;

1. Application of Acts and subordinate statutes to copies of removed copies;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act without the consent of D or his/her family members at the time of the excavation of a tomb, but there was a discussion as to whether a tomb was removed or buried if the land was sold before this case, there was no criminal history, and Article D does not want the punishment of the defendant)

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