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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be cancelled.
Reasons
1. Basic facts
A. The Plaintiff, who is the deceased C’s head, opened a funeral director’s grave in the forests and fields D located in the Won-si, which was introduced from his had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had
B. On May 28, 2012, when the opening of a grave was delayed due to the delay in the relocation of the grave that was done by the Plaintiff and their family members, and thus making it impossible to use the nearby crematorium, the Defendant’s father transferred the deceased’s remains to a cremation located in the white site and completed cremation, and then buried the cremation. The Plaintiff paid the remainder KRW 1,900,000 to the Defendant’s side.
C. However, the body of the defendant on the part of the defendant had laid the remains of the deceased C in the vicinity of the grave, which was buried without cremation, and abandoned them, and the body of the deceased C was found to be damaged by animals.
The plaintiff, who became aware that the body of the deceased case is the body of the deceased C through the police investigation, filed a complaint against the defendant as a crime of abandonment of the body. During the investigation process, the plaintiff became aware that the body of the deceased case was sent to the defendant, not the defendant himself.
E. In the case of abandonment of a corpse, the Defendant asserted that the receipt of a request from the Plaintiff was true or other funeral-related days and that there was no fact that the Defendant was involved in the abandonment of the corpse after the lapse of the day to E (the death of October 3, 2012). The Defendant was issued a disposition of non-prosecution by the Defendant who was not suspected of having been accepted.
F. Meanwhile, the Plaintiff requested cremation of the body’s remains buried in the deceased C’s grave as natural burial. At the time of opening the grave, the body’s remains remains of the mother-child who died for a long time and was in the progress of the burial of the body were not found up to now.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 9, and the purport of the whole pleadings.