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(영문) 수원지방법원 안양지원 2019.03.27 2018고단2164
유골유기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 14, 2018, the Defendant received the said remains for the reason that it is difficult for the Defendant to receive re-contract costs due to the expiration of the five-year storage agency from the Seoul Si Residential Site, which kept the remains of the deceased who lived together, on the ground that it is difficult for the Defendant to meet the contractual costs for re-contract. At around 08:00 the following day, the Defendant laid off the remains of the said remains in a large joint room in the repair station located in the Si Residential Complex located in 385, 08.

Accordingly, the defendant abandons his remains.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to the investigation report (in respect of aggregate treatment);

1. Article 161 (1) of the Criminal Act applicable to the crime;

1. Article 59(1) of the Criminal Act regarding the argument of the defendant and his defense counsel (the punishment to be suspended: 6 months of imprisonment with prison labor; the defendant shows the attitude of recognizing and reflecting the error of the defendant; the defendant was inevitably found to have caused the crime of this case since there was no way to contact other bereaved family under the circumstance that he acquired remains; the circumstance is considered to have led to the crime of this case; the defendant's remains returned to bereaved family; the defendant did not have any other criminal record in addition to the punishment of a fine (200,00 won) as a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. in 2010; and the defendant is a mentally disabled person of Grade III in mental retardation at the time of the crime of this case; according to the evidence duly adopted and examined by this court, the defendant and his defense counsel asserted that the defendant was in a state of mental disorder at the time of the crime of this case. However, the defendant's circumstance and method of the crime, the circumstance before and after the crime, the investigation agency and the defendant's statement and attitude of the above.

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