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(영문) 제주지방법원 2018.01.19 2017고단2000
분묘발굴
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 is the chairperson of the JJ, a group organized by some of the 41th generation blood relatives of C, who is the second son F, third son F, third son G(H), who is a group organized by some of the 41th generation blood relatives.

From December 28, 2006, the JJ had 8 U gravess of E, South-Nam L(M), N(O), son and wife, son and wife, Qu(S), son and son(S), son and son(N's second son and son's wife) and son and son(N) had been managed as the presiding official of T and U.V.

On March 17, 2013, the Defendant: (a) mobilized the non-personal body on his name; (b) excavated all 8 organs of the said grave without consultation with the victim; and (c) moved the recovered remains to the mass park for cremation and inurning them.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements made by the prosecution;

1. Statement protocol of the police concerning V;

1. A copy of each satisfaction, aerial photography, investigation report (report attached to an airline on the K and X land), all the matters to be registered, a certificate of opening a grave, a certificate of sealing, and the application of Acts and subordinate statutes on photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is not the case where the defendant discovered a grave as stated in its reasoning without endeavoring to grasp the location of V and commit the crime.

However, the defendant recorded the form of a grave as a photograph at the time of the transfer of the grave and made it possible to identify the grave that excavated the remains after cremation and urning them, and there is no record of criminal punishment other than the punishment of fines on two occasions around 2006, and other circumstances requiring the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, etc., shall be determined as the same as the order.

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