장사등에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable;
2. In order to develop a natural burial ground on each site of this case, the crime of this case was established by establishing a religious organization without human physical facilities and submitting false documents (Evidence No. 47,48 pages). However, the crime of this case is not appropriate to create a natural burial ground at will without obtaining permission from the female military office, as the female military office recognizes it and rejected the application for permission. The defendant's criminal records are disadvantageous circumstances, such as the fact that it seems that the defendant recognized the crime of this case at will and against it. The defendant's removal of trees and tin plates without permission, and all of the sentencing conditions of this case, including the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc. are considered to be unfair. Thus, the court below's judgment is somewhat inappropriate, and the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except where the part on “the Defendant’s partial statement” in Part 8 of the judgment of the court below is changed to “1 and the Defendant’s oral statement” in Part 2 of the judgment of the court below, and all of the judgment below are as stated in each corresponding column of the court below; (b) thereby,
Application of Statutes
1. Article 40 subparagraph 4 of the Act on the pertinent Article of the Criminal Act and the Selection of Punishment for Funeral Services, Etc.;