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(영문) 전주지방법원군산지원 2020.12.23 2020고정311

장사등에관한법률위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall make cremation in any facility or place other than a crematory facility.

Nevertheless, at around 09:00 on May 30, 2020, the Defendant arbitrarily opened a grave B (C), the husband of the Defendant, in the 1471-63 public cemetery of the Yansan-si, 1471-63, the Defendant buried the remains of the said B in the vicinity of the said grave, which is a place other than a crematory.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 40 of the pertinent Act on Criminal Facts and Article 40 subparagraph 2 and Article 7 of the former Funeral Services, etc. Act (amended by Act No. 17215 of Apr. 7, 2020), the selection of fines

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

1. Article 62 (1) of the Criminal Act (see, e.g., circumstances of this case, age and economic conditions of the defendant, and the primary offender);