However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

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

그럼에도 불구하고 피고인은 2020. 5. 28. 시흥시 능곡동 소재 산골짜기에서 사망자 B의 유골을 토치로 태우고 찧는 방법으로 화장한 것을 비롯하여 별지 범죄일람표와 같이 총 4구의 유골을 같은 방법으로 화장함으로써 화장장 외의 장소에서 화장하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Accusation filed by any violator of the Funeral Services, etc. Act and the application of each Act and subordinate statutes;

1. Subparagraph 2 of Article 40 and Article 7(2) of the former Funeral Services, etc. Act (amended by Act No. 17215, Apr. 7, 2020) concerning criminal facts

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case on the grounds of sentencing under Article 62(1) of the suspended execution is not that of the defendant's cremation in a place other than crematorium, but that of the case.

It is also disadvantageous to the fact that there are criminal records in the same kind.

However, considering the fact that the defendant shows the attitude of recognizing and opposing the mistake, that there is no previous conviction exceeding the fine, and that the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the punishment shall be determined as ordered.