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(영문) 청주지방법원 2014.02.21 2013고단1739
분묘발굴등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while selling B’s 1,139 square meters prior to Chungcheongnam-si, agreed to the buyer to change the cemetery C, which had been located on the said land, and had the intent to excavate and make cremation the said grave at his own discretion, not to communicate with D, the only child of the deceased.

1. On April 2009, the Defendant mobilized the human body from the above land and embling off the body of the deceased C’s body installed in the body of his body, thereby discovering the remains in the body of his body.

2. On April 2009, the Defendant, other than a crematory facility, put the remains of the deceased C in the instant land, which was cut off in the same manner as that described in paragraph (1), and buried them into the studs of instant land, and buried them into the studs of portable gas, and buried them into the nearby mountain, and buried them into the same way as a studs of gas.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each Act or subordinate statute to a family relation certificate, family register, land register, land cadastre, photo, e-mail, contract, certificate of confirmation, text message, and various copies thereof;

1. Relevant Article of the Criminal Act and Article 160 of the Criminal Act, Article 40 subparagraph 2 of the Funeral Services, etc. Act and Article 7 (2) of the Act on Funeral Services, Etc. (the occupation of cremation in a place other than a crematory facility and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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