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(영문) 대구지방법원 경주지원 2016.01.28 2015고단738
분묘발굴
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of public land in Samsung-si, and on May 29, 2014, the defendant sold the land to Choyang-si Co., Ltd. and was on the land.

D's 7 large sculptures had a mind to remove a grave of E. B.

From July 29, 2014, the Defendant, from July 29, 2014 to the next day, ordered F to remove the clothes of the graves of the above E in the land and rebury the remains of the deceased.

Accordingly, the defendant found a grave.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G and H;

1. Each police statement protocol with regard to D (including H part of the statement);

1. F's certificate;

1. A criminal investigation report (attaching photographs installed across a grave);

1. Records of the long-term grandchildren's household and E grave life supplementary records;

1. Application of the Acts and subordinate statutes to photographs installed to change a grave or to photographs of graves;

1. Article 160 of the Criminal Act concerning the facts constituting the crime;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the first offender, the background of the instant crime, the Defendant’s age, sexual conduct, environment, the means and consequence of the instant crime, etc.) or higher than that of Article 62(1) of the Criminal Act.

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