beta
(영문) 대전지방법원 홍성지원 2014.09.05 2014고단226

장사등에관한법률위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Funeral Services, etc. Act, without obtaining permission from the head of Seocheon-gun on April 26, 2013, set up a clan cemetery with 14th size of graves (1,858 square meters in graveyard size) in the west-gun, Seocheon-gun, D, and E forest.

2. The Defendant violated the Management of Mountainous Districts Act established a clan cemetery (a cemetery size of 1,858 square meters) without obtaining permission from the Minister of the Korea Forest Service, etc. at the time and place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A statement of calculation of the amount of damage;

1. A business trip report;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning a certified copy of cadastral map and full registration;

1. Article 39 subparagraph 1 of the relevant Act on Criminal Facts, Articles 14 (3) of the Act on Funeral Services, etc. for the Selection of Punishment (including the establishment of a clan cemetery without permission), Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments for crimes of violating the Mountainous Districts Management Act, which is heavier than the punishment), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) appears to have resulted in the crime of this case by failing to go through administrative procedures, such as permission, etc. due to the expropriation of the site where a clan cemetery is located, in the situation that the defendant would urgently change due to the expropriation of the site where a clan cemetery is located, it appears that the amount of forest damage is not significant, the defendant reported that he would develop a clan natural burial ground after the prosecution of this case, and the procedure for permission of conversion of the above natural burial ground is in progress after the prosecution of this case, etc.)