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(영문) 인천지방법원 2017.10.12 2017고단4788
분묘발굴
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 is a person operating company D in Incheon Nam-gu C.

On March 20, 2017, without obtaining the prior consent of E, a bereaved family member, the Defendant excavated a grave by breaking up one set of a net G grave buried in the F forest in Gwangju City, and changing it to approximately eight meters away from the original location.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on site photographs, graves opened, and photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) was not prepared by the bereaved family members; (b) there were records of suspension of indictment of the same kind of crime; and (c) there were many previous convictions. favorable circumstances: recognition of one’s own mistake and reflects the same. In the process of this Chapter, efforts were made to find a relative, and followed religious and customary forms, such as putting the remains up for example, and putting the remains up for example, by taking into account the above circumstances and all other factors of sentencing, such as the Defendant’s age, sex, family relationship, property status, etc., and the execution thereof is suspended only once.

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