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(영문) 수원지방법원 여주지원 2016.07.22 2016고단555
분묘발굴
Text

A defendant shall be punished by imprisonment for six 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

On October 30, 2015, the Defendant: (a) had the Defendant’s parent net E and net F, installed in the area of 310 square meters of D forest and fields; and (b) had the right to dispose of graves installed in the area of Leecheon-si, without the Defendant’s consent; (c) laid the soil of the said grave in the area of 310 square meters; and (d) laid the remains buried therein, without the Defendant’s consent.

In other words, graves were found.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. Written statements of J and K;

1. A complaint;

1. A certified copy of each removal from the military register;

1. Photographs of the grave site after damage;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a written statement of witness G and telephone investigation);

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for the sentencing as follows) lies in the defendant's timing of and reflects against his own criminal act, among his descendants, and there was a difference in view of the management of the funeral. The defendant committed the instant crime since he could not properly manage the graves of his parents after his death, and the defendant seems to have committed the instant crime because he could have committed the instant crime because he could not properly manage the graves of his parents. The defendant was found to have been for example in discovering the instant grave, and other favorable circumstances, such as the first offender who had no record of punishment prior to the instant crime, and other favorable circumstances, such as the defendant's age, health status, means of the crime, and circumstances after the crime, etc., as ordered in the Disposition.

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