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(영문) 의정부지방법원 고양지원 2019.03.22 2018고단1324
분묘발굴
Text

Defendant

A Imprisonment with prison labor for ten months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the C, and Defendant B is the representative director of the D.

Defendant

A decided to purchase E forest and fields from F, etc. around March 8, 2013, upon obtaining permission to change the form and quality of E land and approval for factory construction from the market for the construction of a factory on September 29, 2014. On September 13, 2016, after dividing the said land into G land (hereinafter “instant land”) and H land (hereinafter “instant land No. 2”); and on November 16, 2016, selling the instant land No. 1 and land No. 2 to J (State) and completing the registration of transfer of ownership in sequence under the name of the Bank of Korea and the J (State).

Defendant

A, after selling the instant land to J, had been in charge of administrative work and field work on the instant land in accordance with a joint agreement with the said company, around February 2017, in collusion with Defendant B, who was ordered to suspend illegal development from the reception of the grave on March 8, 2017 to file a civil petition by the descendants of the instant grave on the instant land, in collusion with Defendant B, to excavate the said grave at will without permission.

At around 08:00 on June 11, 2017, the Defendants conspired with K to have his/her name-free figures and scke articles take part in the deceased L graves in the land of this case, two graves in the deceased M, and the deceased N's graves in the land of this case, the deceasedO, the deceased P's joint grave, the deceased Q's grave, the deceased Q's grave, and the deceased R's grave 6-year total of 4 years in total.

As a result, the Defendants conspired to discover six graves without permission of the right to grave base owner.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness B and S in part;

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning T;

1. All certificates of land engineer;

1. Data related to the submission of a report on strike;

1. Application of Acts and subordinate statutes on site photographs, graves damaged photographs;

1. Defendants of the pertinent legal provisions concerning criminal facts: Articles 160 and 160 of the Criminal Act.

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