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(영문) 부산지방법원 2014.01.17 2013고정3437

장사등에관한법률위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant of the Funeral Services, etc. Act established a family cemetery in a forest located in the Hadong-gun, Hanam-gun C.

A person who intends to establish and manage a family cemetery shall obtain permission from the Mayor, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare.

Nevertheless, on May 2012, the Defendant, without obtaining permission from the Hadong head of the Hadong-gun, installed a two-year family cemetery in a grave with a size of 298 square meters in a forest and field above the 298 square meters.

2. In establishing a family cemetery at the above place, the Defendant destroyed and damaged 5 girs and 30 girs owned by the complainants who were in approximately 20 girs of neighboring D forest and fields (15 girs) in which the prices of the trees owned by E cannot be known, and damaged their utility by girs, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the forestry cadastral book and each photographic statute;

1. Relevant statutory provisions concerning criminal facts, Articles 39(1) and 14(3) of the Act on Funeral Services, etc. for the Selection of Punishment (U.S.) and Article 366 of the Criminal Act (U.S.) and the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;