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(영문) 창원지방법원 진주지원 2013.10.23 2013고정419

장사등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

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 head of a Si, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare.

1. On June 26, 2009, the Defendant established a five-year family cemetery for a grave without obtaining permission from the private market in the forest and fields located in Scheon-si C.

2. On May 2012, the Defendant established the 111-year clan cemetery of a grave without obtaining permission from the private capital market in the forest and fields located in Sacheon-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of each statute on photographs;

1. Article 39 (1) and Article 14 (3) of the Act on the relevant legal provisions concerning facts constituting an offense and the Selection of Punishment for Funeral Services, Etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The amount of fines for a summary order shall be reduced somewhat by taking into account the circumstances such as obtaining ex post permission for the graves specified in Article 334(1) and 334(2) of the Criminal Procedure Act, pening the Defendant’s mistake, and imposing relevant criminal punishment and fines on the Defendant.