The defendant shall be innocent.

The Defendant is the representative of the clan B (hereinafter “instant clan”). A.

A person who intends to establish and manage a family cemetery, a clan cemetery or a corporate cemetery in violation of the Act on Funeral Services, etc. shall obtain permission from the head of the competent Si, etc. having jurisdiction over the cemetery, as prescribed by Ordinance of the Ministry

The same shall also apply where matters prescribed by Presidential Decree, among those permitted, are to be changed.

Nevertheless, on August 20, 2016, the Defendant, without obtaining permission from the competent authorities, performed a clan cemetery (D 56 years old E, 57 years old F, 58 years old G, hereinafter “instant clan cemetery”) with three expansions of the cemetery space located in the female-based forest and fields, and installed a clan cemetery with approximately KRW 495 square meters wide from the existing 245 square meters, and a clan cemetery with a stone shed up to KRW 1 to three times in each of the above cemeteries.

(b) A person who intends to divert a mountainous district violating the Mountainous Districts Management Act shall obtain permission from the Administrator of the Korea Forest Service, specifying its use.

Nevertheless, without obtaining permission from the competent authorities, the Defendant removed miscellaneous trees around the cemetery and made a flat work in the mountainous district where sloped is located, using heavy equipment, such as a excavation season, at the above place, which is a temporary and quasi-permanent preservation mountainous district indicated in the paragraph of this Article, and created the above mountainous district as a clan cemetery site.

Judgment

With respect to the violation of the Funeral Services, etc. Act, the content of the instant facts charged is that the Defendant extended the area of the instant clan cemetery from 245 square meters to 495 square meters, and that the Defendant violated the Act on Funeral Services, etc. by failing to obtain permission from the competent authority with respect to the construction of the clan cemetery on the expanded part.

However, considering the following circumstances acknowledged by the evidence duly adopted and examined by this court, the prosecutor alone cannot be readily concluded that the defendant extended the clan cemetery, and there is no other evidence to acknowledge it.

① This case.