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(영문) 수원지방법원 2015.05.14 2014노6180
분묘발굴사체영득
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal of this case is that the crime of this case was committed against the defendant in the civil procedure on real estate in the name of the wife where he died, and thus, it is very poor that the body's grave was damaged due to its subdivision, and the remains were abandoned without permission, the remains were already destroyed due to the crime of this case, which makes it impossible for the defendant to recover from damage, and the defendant is not able to make any effort to protect his bereaved family members, and the grave manager D wanted to punish the defendant with severe punishment. In light of the above, the sentence of the court below, which sentenced to 8 months of imprisonment and 2 years of suspended execution, is unfair, because the punishment of the court below is too unreasonable.

2. In light of the facts alleged in the grounds of appeal, the lower court’s sentence cannot be deemed as being too unjustifiable, even if considering all the circumstances alleged in the grounds of appeal, given the following factors: (a) the Defendant’s mistake is against the Defendant; (b) there was no history of having been sentenced to imprisonment or heavier punishment; (c) the motive and background of the instant crime; (d) the circumstances before and after the instant crime was committed; (e) the degree of damage; and (e) the character and conduct of the Defendant as well as the environment

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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