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(영문) 인천지방법원 2014.05.22 2013고단4823
분묘발굴등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall make cremation in any facility or place other than a crematory facility.

Nevertheless, around May 17, 2012, the Defendant buried two graves located therein in the 'Yaeman-gun C Village' in the forest and buried the remains in a place other than the cremation.

( reasonably amended to the extent of the facts charged). Summary of the evidence

1. Statement of the accused in the first protocol of trial;

1. Partial statement of witness D;

1. Some statements in the police statement of E;

1. Application of the Acts and subordinate statutes stated in the investigation report (related to attaching site photographs);

1. Article 40 of the relevant Act on Criminal Facts and Articles 40 subparagraph 2 and 7 (2) of the Act on Funeral Services, etc. for the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around May 17, 2012, the summary of the facts charged in the instant case, of the instant case, the Defendant excavated, at his own discretion, a grave managed by the Victim F as a grave of an increased father, and a grave of a victim H, which was managed by the Victim F as a grave of an increased father, for cremation, from a forest of the 'C Village of the Young-gun Military,’ around several hundreds of forests and fields, without any exception, for cremation.

2. Determination

A. Comprehensively taking account of D’s legal statement, F’s partial statement (the statement that the Defendant was in the first place of the elementary school’s lower school year 10 years ago), the court’s partial statement (the statement that the Defendant had been in the first place of punishment for the smaller portion from F several times around that time), and K’s partial statement (the statement that the Defendant had already been in the first place of punishment for the larger portion from H over 10 years before that time), the Defendant’s father knew from around 1987 that the grave (hereinafter “the grave of this case”) recorded in the facts charged as his father’s funeral (hereinafter “the grave of this case”). From around 1992, the Defendant sought punishment for the grave of this case along with L, etc.

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