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(영문) 의정부지방법원 2017.10.19 2016고정1250
장사등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant actually operated a funeral hall called B B, one of which was named B.

The facts charged of the instant case reveal that “the Defendant established a corporate cemetery without obtaining permission,” and that the act of installing seven graves within a corporate cemetery constitutes a single comprehensive crime.

The records of the indictment do not constitute a single concurrent crime after Article 37 of the Criminal Code.

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

Nevertheless, the Defendant, in collusion with D, installed a private cemetery, which is a private corporation, by setting up seven seedlings as shown in the list of crimes in the attached Table, such as burying the dead bodies of deceased E, etc. on approximately nine parcels (64,336 square meters) from December 2, 2012 to December 21, 2014, in collusion with D, for the following reasons: (a) from December 2, 2012 to December 21, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the fifth public trial records;

1. C: On-site photographs of new burials (including a joint burial), satellite photographs, surveys on the current status of existing illegal graveyards (C cemeterys) and planned maintenance of bulletin boards prohibited from installation, each text of the judgment revoking each disposition on the closure of an illegal cemetery facility (2010, 4853, 201, 201, 201, 201, 2015), the Supreme Court rulings (2004, 2004, and C cemetery funerals);

1. References to inquiries, such as criminal history, reports on investigation (Attachment to the judgment related to the C Burial), application of reporting Acts and subordinate statutes after ascertaining the previous conviction of the disposition;

1. Article 39 Subparag. 1 and Article 14(3) of the relevant Act on Criminal facts and the former Act on Funeral Services, Etc. for the Selection of Punishment (Amended by Act No. 13108, Jan. 28, 2015; hereinafter the same shall apply), Articles 39 Subparag. 1 and 14(3) of the same Act, Article 30 of the Criminal Act, and selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the issue of Article 334(1) of the Criminal Procedure Act (as to the establishment of a grave listed in No. 7 of the annexed list No. 7) and the defense counsel of the defendant and the defendant's defense counsel regarding the issue of the provisional payment order, at the time of the grave G in the annexed list No. 7 of the facts charged in the instant case.

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