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(영문) 수원지방법원 2016.04.05 2016고단306
분묘발굴
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant shall be the chairperson of the promotion committee related to the relocation of seedlings D when he/she owns a clan C.

On November 16, 2015, in order to sell the above forest land around 06:00, the Defendant excavated a grave by arbitrarily managing the Jinwon E in the above forest land, and his parents and grandparents’ 4 funerals, who were in his/her possession in the above forest land, and by training the remains of his/her grandparents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

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

1. It is decided as above in light of Article 62 (1) of the Criminal Code of the Suspension of Execution (the fact that the defendant's mistake is recognized and against his mistake, the status of the defendant's clan, and the process of selling the woodland of the clan, there are some circumstances to consider the circumstances leading to the crime of this case, the process of excavating a grave seems to have been carried out as an example of respect according to the religious and customary order of the body of his own, and there are no criminal records of the same kind).

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