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(영문) 대전지방법원 2013.08.23 2013고단1128
장례식방해
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 thought that the deceased D's father, C's father, brought a favorable return in his own house, and that C has expressed a mind to interfere with C's her mother's net E, which is his mother, in the face of the deceased D's cemetery.

around 08:40 on February 9, 2013, the Defendant was prevented from running the construction work for about one hour and 30 minutes during the period of the construction work for graveyard creation, such as dismantling the above D cemetery in order for C, a bereaved family member, to store the network E, etc.

Accordingly, the defendant interfered with the funeral awareness of the deceased E.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to H and I;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 158 of the Criminal Act concerning the crimes;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended execution of the Defendant’s crime of this case is not less than the Defendant’s liability in that the bereaved families were unable to hold funerals properly. However, the Defendant is an elderly person of 79 years of age, the motive leading to the instant crime is considered, and other factors such as character, conduct, intelligence and environment of the Defendant, means and consequence of the instant crime, and the circumstances after the instant crime are considered as a whole.

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