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(영문) 광주지방법원 순천지원 2019.01.18 2017고단2740
분묘발굴등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From October 1984, the Defendant is the owner of a forest and field B (land category): C & E, which is the owner of a forest and field C & E, created on the said land, managed and protected a grave of “G” in 1647, i.e., a year from the year 1984, and around 30, the Defendant included the said G’s grave, thereby leaving around 30 the said G grave every year.

1. On July 2016, the Defendant excavated a grave by requesting a business entity called the Defendant’s family (such as his/her father, grandparent, grandparent, and parent) to use approximately four parts of the equipment and the breaths of the instant grave in order to create a cemetery in Gwangju-si B, 2016, including inserting the breaths of the instant grave and removing the breaths by using the breaths and breaths.

2. A person who violates the Management of Mountainous Districts Act shall not divert a mountainous district without obtaining permission from the competent authority, but the defendant shall request Mayang H (President I) to divert the mountainous district to create a family cemetery of the defendant in the same date and place as the preceding paragraph, and in order to divert the mountainous district without obtaining permission from the competent authority, the defendant mobilized heavy equipment and moved a grave on the land to another place in the same land and moved a grave installed on another land with a view to moving the defendant's father and her mother grave on the land, and buried the land together with three frontstones and her tombstones, and diverting the mountainous district without permission from the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, D, E, and K;

1. Cash receipt and disbursement books of clans;

1. Application of each statute on photographs;

1. Relevant Article 160 of the Criminal Act, the choice of punishment for the crime, Article 160 of the Criminal Act, Article 53 subparagraph 1 of the Management of Mountainous Districts Act, and Article 14 (1) of the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. Judgment on the assertion of the defendant and his defense counsel for four months of imprisonment with prison labor to suspend the sentence

1. The assertion;

A. Since the Defendant only replaced the instant grave in its usual form, it does not constitute an excavation of a grave.

B. The Defendant.

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