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(영문) 청주지방법원 2016.05.12 2015고단2021
분묘발굴
Text

A defendant shall be punished by imprisonment with prison labor for four 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, as the wife of B’s four-class descendants, had been managing one grave (B, E, F C, and F C, which was buried in B, Young-gu, Chungcheongnam-gu D each year, and had been occupying G (B’s four bad debt) every year; however, on the ground that the grave site is not good, the Defendant had been able to excavate and cremate the remains at his own discretion without the consent of G, who is the right to manage and dispose of the said grave, on the ground that the said grave arises out of an unexpected work for the Defendant’s house.

The Defendant, from around 07:00 to around 12:00 on August 12, 2015, employed about five human father during the period from around 07:00, followed by inserting the soil of the said grave in a place where the said grave was buried, and then laid off the remains buried in that place.

In doing so, the above grave was excavated.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Domestic investigation report (Attachment of a certified copy of the on-site photograph and forestry map);

1. Application of Acts and subordinate statutes to report internal investigation (attaching a certified copy, etc.);

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

1. It is so decided as per Disposition on the grounds that Article 62(1) of the Criminal Act of the Suspension of Execution (including the following: (a) of the Criminal Act provides that there are circumstances and circumstances to consider the motive and background of the defendant’s excavation of a grave in his ship; (b) the defendant, for example after the excavation of a grave; and (c) an agreement with the grave manager after the prosecution of this case, has been reached.

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