장사등에관한법률위반
The judgment of the court below is reversed.
The defendant shall be acquitted. The summary of this judgment shall be published.
1. Comprehensively taking account of the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the fact that the Defendant, around March 2017, newly installed one grave in Macheon-si B (hereinafter “instant cemetery part”) and created a site to install a new grave may be recognized.
However, the court below found the Defendant not guilty of the charges of this case on the ground that it is difficult to view that the Defendant constituted an act of creating a site to install a grave on the cemetery part of this case, which erred by misapprehending the facts.
2. We examine ex officio prior to the judgment of the ex officio determination prosecutor's assertion of mistake.
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is reasonable to view that the facts charged in this case constitute a final judgment under Article 326 subparagraph 1 of the Criminal Procedure Act.
On the other hand, the pronouncement of a judgment of innocence is illegal in the event of the grounds for the judgment of acquittal (see, e.g., Supreme Court Decisions 64Do134, Apr. 28, 1964; 69Do2018, Dec. 30, 1969). Thus, the court below's failure to render a substantive judgment of innocence as to the facts charged of this case cannot be maintained as it is illegal and illegal.
The Defendant, while operating “C”, a private corporate cemetery with a size of 3,966 square meters of Sincheon-si, E and F Forest, was charged with violating the former Act on Funeral Services, Etc. (amended by Act No. 13108, Jan. 28, 2015; hereinafter “former Funeral Act”), and the Defendant was convicted of violating the said Act by being sentenced to the Seoul Central District Court Decision 2011Da35141, Jun. 24, 2011, which convicted the Defendant of the charge of violating the former Act, that “C” was installed by burying a dead body of net Q, etc. on a 231,68 square meters of Sincheon-si, H, I, J, K, L, B, M, N,O, P forest, and then installing a private corporate cemetery.”
(c).