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(영문) 대전지방법원 2017.05.10 2017고단1314

장사등에관한법률위반

Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by a fine of five million won.

Defendant

B and C above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a H memorial park in Chungcheongnam-gun G, Chungcheongnam-gun, and the defendant B and the defendant C are employees of the above memorial park.

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

Nevertheless, around November 2016, Defendant A instructed Defendant B and C to retire in a memorial park, the place where frelic remains should be buried in the memorial park. Defendant B and C, according to the direction of Defendant A, performed cremation from early December 2016 to January 18, 2017, using the drum and drum installed in the memorial park in front of the first floor above the underground level of the memorial park.

Ultimately, Defendants conspired to make cremation in facilities and places other than crematory facilities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement in relation to I, J, K, L, M, N,O, and P;

1. A report on internal investigation (attaching the current status of Q non-strings);

1. A report on internal investigation (on-site inspection and attachment of photographs);

1. A survey report on actual conditions;

1. A report on internal investigation (attaching photographs of incineration facilities);

1. Investigation report (based on the results of the appraisal of remains buried in H M remains Park) (based on the application of statutes;

1. Article 40 subparagraph 2 and Article 7 of the Act on Funeral Services, etc. for Criminal Facts; Article 30 of the Criminal Act;

1. Defendant A who has selected the punishment: Defendant B and C who has selected the punishment by imprisonment; and

1. Article 70(1) and Article 69(2) of the Criminal Act (Defendant B and C) with respect to detention in a workhouse;

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. On the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, Defendant A: (a) for the reason of sentencing of the provisional payment order (defendant B and C) and the fact that the remains buried in a place other than a crematory facility is disadvantageously considered to the extent that the case was performed for cremation; (b) the confession is being made; and (c) the fact that the person lives in custody for about 40 days and lives in custody and reflects his act is favorable to others, and (d) the remaining remains for more than 10 years.