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(영문) 대구지방법원 안동지원 2017.11.24 2017고단631
분묘발굴
Text

1. The punishment of the accused shall be two months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

[criminal history] On October 21, 2016, the Defendant was sentenced to a suspended sentence of two years for the period of imprisonment for the excavation of a grave from the Daegu District Court’s Branch for the excavation of a grave, and the said judgment became final and conclusive on October 29, 2016.

[ criminal facts] The defendant is the descendants of D 23 h son, the joint ancestor of C clan, D 23 h son, and G is the manager of D 32 h h son, the above F's volunteer loss.

The Defendant discovered one grave at the above H’s 23,605 square meters of JJ forests and fields in the Defendant’s name, with an intention to cultivate it as dry field subsequent to the removal of the grave.

On December 27, 2015, the Defendant, from around 10:00 to around 14:00, filed a false report on the said grave as an outdoor grave for viewing, and subsequently filed a false report on the said grave to be an outdoor grave for viewing, and filed a request with the company of the manager of the protection and management of the said grave to excavate the said grave without the consent of G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint filed by G;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The facts that the crime of this case for sentencing under Article 62(1) of the Act on the Suspension of Execution is not good considering the background, method, etc. of the crime of this case under Article 62(1) are disadvantageous to the defendant. The defendant confessions and reflects the crime of this case, and the fact that there is no other criminal record other than the fine imposed once before the crime of this case is committed, shall be considered as favorable to the defendant, and the facts that there is no other criminal record shall be determined as per Disposition by examining all the circumstances indicated in the arguments and records of this case, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and equity, etc.

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