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(영문) 대구지방법원 2017.02.03 2016고단6407
분묘발굴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant laid the remains buried in the deceased on May 2016, 201 without the consent of F, of his/her parent net D and E, in a different place, and without the consent of F, of the person holding the right to manage and dispose of the graves, the defendant laid the graves in the above place.

In other words, graves were found.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to F in the police statement protocol;

1. Each on-site photograph, removal copy, entry in the land register, or application of video-related Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing as follows) of the suspended sentence is as follows: (a) the two graves having the right to manage and dispose of F with F without F’s consent; (b) although the graves subject to the suspended sentence were graves of the Defendant’s parents; and (c) the grave appears to have resulted in the instant crime due to the law’s non-existence; (d) the Defendant did not have been subject to criminal punishment; and (e) the Defendant’s old age is determined by taking into account the sentencing conditions favorable to the Defendant; and (e) all other sentencing conditions favorable to the Defendant, including the Defendant’s character and conduct

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