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(영문) 광주지방법원 2014.06.12 2014고단1018
장사등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who is a pastor of the D religious organization E in Gwangju Northern-gu C and the third floor.

No person shall develop a natural burial ground for a corporation, etc. (referring to an area where a corporation or a religious organization may extend the remains of many and unspecified persons within the same zone) without obtaining permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority from June 11, 2013 to March 13 of the same month, developed a natural burial ground so that he/she can perform funeral under the body of trees, which is 76.2 square meters of the land in Innju City, and developed a natural burial ground on the surface of 81.7 square meters of the G land in Innju-si on July 27, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police officer of H on the statement;

1. Entry of an accusation letter prepared by the head of a Si/Gun;

1. Entry of a report on the results of a business trip (including a religious organization forest-G forest);

1. Application of the relevant video-related Acts and subordinate statutes to the location map and the site of photographic land, and photographs (F and G) created as illegal woodland for religious organization

1. Article 40 of the relevant Act on Criminal Facts and Articles 40 subparagraph 4 and 16 (4) of the Act on Funeral Services, etc. Selection of Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. As to the Defendant’s assertion regarding Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., the Defendant asserts that the Defendant’s act does not constitute a crime since the Defendant’s natural burial ground was reported, not permitted, because the area of the natural burial ground in this case does not exceed 10

Pursuant to Article 16 (1) 1 of the Act on Funeral Services, Etc., the defendant may create an area where a person, other than the State, a Mayor/Do Governor, or the head of a Si/Gun/Gu, is an individual or family natural burial ground, the area of which is less than 100 square meters, for natural burial of one remains within the same area, or for natural burial of the remains of a former relative under the Civil Act, and Article 16 (2) thereof.

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