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(영문) 광주지방법원 2017.11.10 2017고정1321

장사등에관한법률위반

Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In February 2015, the Defendant established a family cemetery in forests and fields within the Masung-gun C.

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

Nevertheless, the Defendant did not obtain permission from the number of Masung-gun, and installed a 8 family cemetery in the forest area of the above 960 square meters around February 2015.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Written statements of D;

1. Written accusation of the number of military inmates;

1. Site for photograph;

1. Report of investigation (the time of establishment and the size of cemetery) and application of Acts and subordinate statutes to report of investigation (the date and time of crime);

1. Article 39 subparagraph 1 of the relevant Act and Articles 14 (3) of the Act on Funeral Services, etc. for the Selection of Punishment for Criminal Facts, and Selection of Fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act to be confined in the workhouses are confessions and reflects against the Defendant, and the Defendant shall be punished as ordered, taking into account the following circumstances, such as the primary offender, the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.