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(영문) 춘천지방법원 강릉지원 2021.01.27 2020고단446
분묘발굴유골손괴
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has managed a grave of her natives C, her flusium D, father, her mother, and her mother, among eight graves located in the river and field B (hereinafter referred to as “the grave of this case”; four flusiums C, her flusium D, father, and mother; G is a defendant’s her flusium, who managed the grave of her flusium H, flusium I, father J, and mother among the grave of this case.

Around December 4, 1999, the said forest land transferred its ownership to G through inheritance, and the said forest land was created by G by the said H, I, J, and K. On January 24, 2019, the ownership of the said forest land was transferred to L through compulsory auction.

L requested M to find out a person who has the right to dispose of the instant grave to promote an objection to the instant grave by seeking the right to dispose of the instant grave, and M to seek for the Defendant’s statement that the Defendant manages the instant grave from a person who was in fire, and proposed to the effect that “I would sell the instant grave at auction, I would like to pay for the removal of the instant grave,” and the Defendant accepted the said proposal on the condition that I would receive three million won per salary for the instant grave.

On July 10, 2019, the Defendant filed a report on the reburial of the instant grave including H, I, J, and K, at the P community service center located in Gangseo-si (O), with a private person N around July 10, 2019, with G’s management right without G’s permission. On July 12, 2019, the Defendant visited N in the said forest and sold the instant grave to N, and then buried the remains buried in H, J’s remains, and then buried in the Gangnam-si Qacker Cemetery without cremationing the remains I and K’s remains.

Accordingly, the defendant found the graves of the above I and K, found the graves of the above H and J, and damaged the remains.

Summary of Evidence

1. Statement made by the prosecutor with respect to the defendant's legal statement R, or the protocol of examination of the suspect of each prosecution against L;

1. Each police officer with respect to T, M, and N.

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