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(영문) 인천지방법원 2018.10.18 2018고정1343

장사등에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to establish and manage a family cemetery, a clan cemetery, or a corporate cemetery shall obtain permission from the Mayor, etc. having jurisdiction over the relevant cemetery as prescribed by Ordinance of the Ministry of Health and Welfare.

Nevertheless, on March 31, 2013, the Defendant, without obtaining permission from the head of the local government having jurisdiction over the cemetery, installed a family cemetery of approximately 100 square meters of cemetery size and seven graves in the forest located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Application of D’s statement protocol to D, E’s statement among the police interrogation protocol to the accused, and a copy of the prepared document to the accused;

1. Article 39 Subparag. 1 and Article 14(3) of the Act on the Protection, etc. of Specific Crimes and Articles 39 Subparag. 1 and 14 of the former Funeral Services, Etc. (Amended by Act No. 13108, Jan. 28, 2015); the selection of fines, etc.

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Act (Article 50(1) of the Act on the Establishment of Local Reserve Forces prior to about 30 years, the Defendant did not have any particular criminal record, except for a fine prior to and once due to a violation of the Act on the Establishment of Local Reserve Forces prior to about 30 years, and the Defendant appears to have established the family cemetery of this case without permission in the state where the awareness of illegality was insufficient, and there are some circumstances to take into account in the course of the crime, and at