logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.13 2014고단4510
분묘발굴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the president of the D clan.

On December 23, 2013, the Defendant: (a) on December 23, 2013, at the time of the religiousization of the E’s land, the possession of the said clan, one grave located on the said land (the complainant’s assertion that the complainant et al. was the grave of the ancient mother G, wherein the complainant et al. went through the religious history every year; and (b) according to the Defendant’s assertion, the Defendant arbitrarily excavated the grave of the H, the spouse of the said clan, and

Summary of Evidence

1. Partial statement of the defendant;

1. Application of statutes on site photographs;

1. Article 160 of the Criminal Act applicable to the crimes;

1. The defendant and his defense counsel's assertion as to the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Act (in the course of arranging the graves of a clan scattered in many places as the president of a clan, the crime of this case was committed, and there is no punishment force) of the suspended execution (see, e.g., the first offender who has no punishment force). However, the defendant and his defense counsel asserted that the grave of this case is a I money that is the spouse of H, the spouse of H, and has no descendants, and thus, it does not constitute the object of the crime of excavating a grave. However, the above assertion is not accepted, since it is a grave without any person to

(B) As long as the Defendant excavated the instant grave, the Defendant would have intentionally excavated the grave, and even if he thought that the instant grave was a grave, insofar as the instant grave was excavated without complying with the Act on Funeral Services, etc., it is difficult to view that it constitutes grounds for excluding illegality.)

arrow