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(영문) 광주지방법원 순천지원 2018.01.18 2017고단1992
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 is the husband of C forest land owner D in netcheon-si.

On May 25, 2016, when selling the above forest, the Defendant promised to remove the grave located in the above forest by May 30, 2017.

On May 7, 2017, the Defendant, without obtaining E’s consent from the above forests and fields, had an engineer of Macles remove the soil and urns of the graves in which E’s tidal netF was removed by using Macles.

Accordingly, the defendant found a grave.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs before and after excavation;

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

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the circumstances in which the defendant is divided into crimes and has no record of crime, and efforts to change the grave) is above Article 62 (1) of the Criminal Act.

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