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(영문) 대구지방법원 안동지원 2017.06.02 2016고단661
분묘발굴
Text

1. The defendant is not guilty. 2. The summary of the judgment of this case shall be notified publicly.

Reasons

The summary of the facts charged is that the Defendant served as the branch president from August 16, 2008 to June 30, 2013.

1. On December 7, 2014, the Defendant: (a) received an order to transfer an illegal cemetery; (b) received an order to transfer a grave from a public official in charge; and (c) received, if the Defendant did not comply with the order from a public official in charge, five million won per annum; and (d) tried to open a grave under the said provision and put it out after cremation in order to avoid the imposition of the enforcement amount.

Around December 7, 2014, the Defendant laid down a grave on the same section installed prior to the above G, without the consent of the resident of the company in charge, and laid the body back to nearby H after cremation without the consent of the resident of the company in charge.

2. From June 22, 2015 to June 23, 2015, the Defendant committed a crime on January 16, 2015: Provided, That according to evidence records (the 60 pages), the order of transfer appears to have been issued on January 6, 2015.

With respect to the 2 period of ancestor funerals, such as the tombstones of the J couple and the K couple’s seedlings, which were located within the Gandong-si I Forest, from the Andong-si Si, it was ordered to receive an order to transfer illegal graveyardss. As above, in order to avoid the imposition of compulsory performance money, the said grave was opened to open the grave in the above section, and then laid the grave after cremation.

From June 22, 2015 to February 23, 2015, the Defendant excavated two graves in the same manner as described in paragraph (1) without obtaining the consent of the presiding official of the company, which was laid in the above I forest.

Judgment

The Act on Funeral Services, etc., applied at the time of the excavation of a grave recorded in the facts charged by the defendant (the current Act or the old Act) shall be specified as such.

According to Article 31, Article 40 subparagraph 9, and Article 43, the Mayor, etc. may order the relative or installer or developer of a private cemetery to move the cemetery without obtaining permission from the Mayor, etc., or violating the installation standards, etc., and the person ordered to move the cemetery fails to comply with such order.

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