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(영문) 청주지방법원 2014.02.18 2012고단2426
분묘발굴등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. When the Defendant, as his descendants, was expropriated by the J development project, the entire land, including DP 11-year-old E’s graves, E’s graves, and D 12-year-old G’s wife H’s Ha, and the entire land was expropriated by the J development project. On February 2, 2012, the Defendant filed a report on the opening of a grave at the Eup/Eup/Myeon Office of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, without obtaining the consent of DP 21-year-old L, and then excavated each of the said graves by using human and sckes from the above I around March 16, 2012.

B. On March 30, 2012, the Defendant concluded a contract with the victim Korea Rural Community Corporation (hereinafter “Korea Rural Community Corporation”) to receive KRW 10,440,000 as compensation for the said graves and the removal equipment of graves, etc. in pretending to have the Defendant’s right to protect and manage the said graves at the branch offices of the U.S. branch offices of the Korea Rural Community Corporation located in the Cheongcheon-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Defendant received KRW 10,440,00 from the Defendant’s agricultural bank account in the name of the Defendant on April 10, 2012, and received KRW 10,440,000 from the Defendant’s agricultural bank account around April 10, 2012.

2. The facts constituting an offense prosecuted in a criminal trial should be proved by the prosecutor, and the judge should admit the conviction with probative value sufficient to ensure that the facts charged are true beyond reasonable doubt. If there is no such evidence, the determination should be based on the benefit of the defendant even if there is suspicion of guilt against the defendant.

The degree of such proof required in a criminal trial is more strict than the degree of proof in a civil trial, which is sufficient to prove a high probability to the extent that is not suspected if the ordinary person is in light of the empirical rule, and as a result, the evidence basically similar is present.

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