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(영문) 인천지방법원 부천지원 2017.01.05 2015고단2258
분묘발굴
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment 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 adviser of the C clan Association.

On January 13, 2015, the above clans association jointly owned with D, E, F, one-fourths, and one-fourths of the clans. On January 23, 2015, on the ground of expropriation, Kimpo-si, Kimpo-si, Kimpo-si, where the ownership transfer, etc. was made in the name of the Republic of Korea, the graves of the ancestors installed on the 11,107 square meters of land in the name of the Republic of Korea were transferred to another mountain owned by the clans association.

Defendant did not object to the plan for the closure of the above clans Association, and tried to discover and make cremation arbitrarily.

On March 27, 2015, the Defendant did not have the right to manage the total of 10 occasions of the graves, including H’s seedlings, I’s seedlings, K’s seedlings, K’s seedlings, L and M’s seedlings, N’s seedlings, O’s seedlings, P’s seedlings, and Q Q’s graves, etc. On March 27, 2015, the Defendant buried the graves at the Incheon Metropolitan City Facilities Management Corporation’s Family Park Project, which is located in the Bupyeong-gu Incheon Metropolitan City, Incheon, 57-1, a crematorium for cremation of the remains in the area, and at the Suwon Urban Facilities Management Corporation, which is located in the Silwon-gu, Silwon-si, the Silwon-si, Silwon-si, the Silwon-si, the Silwon-si.

Accordingly, the defendant found a grave without authority.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness R and S in the protocol of public trial Nos. 2, 3 and 6;

1. The witness's partial statement in the seventh public trial protocol;

1. Each protocol concerning the examination of the suspect of the police against the accused (including each part of the interrogation of the suspect);

1. Each police statement made to R/U;

1. Written accusation, each grave map (Evidence 3, 4), news reporting, the office of association bylaws, each satisfaction table, minutes of the General Meeting of Representatives, minutes of the General Meeting of Representatives, construction contracts, such as reburials, graves for reburials, and graves, reports on reburials, and reports on reburials, respective certified copies of the reports, facsimile messages for business cooperation, and child delivery drawings;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the defense counsel's assertion under Article 62-2 of the Criminal Code of the Social Service Order

1. Although the gist of the assertion had been opened by the Defendant, the facts constituting the crime of the above grave.

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