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(영문) 수원지방법원 안산지원 2014.11.18 2013고정2060

장사등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Although the Defendant was prohibited from burial in an area other than a cemetery, at around 10:30 on July 18, 2013, the body of F, a mother of C and D, was buried into the ground in collusion with C and D, and buried the body of F, a mother of C and D, in the forest owned by the Defendant in Ansan-gu, an Ansan-si, the cemetery area of which was not a cemetery area.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a complainant's written statement, photographs related to the creation of graves, administrative disposition order, the Seoul High Court's judgment, cemetery district (suspect A), permission for the establishment of private graveyards, and all certificates of registered matters;

1. Article 40 of the relevant Act on Criminal Facts and Articles 40 subparagraph 2 and 7 (1) of the Act on Funeral Services, etc. for the Selection of Punishment, and Article 30 of the Criminal Act;

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

1. The Defendant alleged that the forest land indicated in the facts charged constituted a legitimate act since the area where the installation of private tombstone was permitted until May 2012 by the time of the bereaved family’s request, and the Defendant’s act constituted a lawful act, but the following circumstances acknowledged by each of the above evidence are acknowledged as follows: (a) it is difficult to deem that the Defendant appears to have been actually engaged in funeral business at the time of the instant case only because of the bereaved family’s appraisal and the deceased’s example; (b) the Defendant committed this case after the judgment dismissing or dismissing the Plaintiffs’ request in the administrative litigation claiming revocation of the revocation of the permission on the installation of private graveyard in relation to forest and field as stated in the facts charged; and (c) Ansan City, around May 2012, revoked the permission on the installation of private tombstones, including the forest and field listed in the facts charged, and the permission on the installation of the private tombs, including the 2-1, the main grave and the 3-1, the main reason for the cancellation of the permission on the installation of the burial.