Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Punishment of the crime

[2019 Highest 106]

1. On April 7, 2018, Defendant A, as the chairperson of the clan C, did not obtain the permission of the family heir or the general meeting of the clans, etc., Defendant A attended from D to 28 members of the Jeonbuk-gun, the Jeonbuk-gun, and resolved to determine and proceed with the “ma Park creation project” of creating a “mam Park” to create a clan grave at the regular meeting of the clans held by the general meeting of the clans. On April 11, 2018, Defendant A resolved to excavate a clan grave and create a “ma Park” by discovering it through the above clan executives’ meeting.

Any person who violates the Funeral Services, etc. Act shall obtain permission from a family cemetery, a clan cemetery or a corporation cemetery, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare.

Nevertheless, on May 2018, the Defendant, without permission, directed a policeman B on May 2, 2018, constructed the surface of a forest land of 50 to 60 square meters in the Jeonbuk-gun, a quasi-permanent conservation mountainous district owned by a clan, as cement, and created a cemetery of approximately 150 Gamar above it.

Accordingly, the defendant set up a clan cemetery without obtaining permission from the competent authorities.

B. According to the above resolution, from June 6, 2018 to July 7, 2018, the Defendant instructed B to excavate a grave with the volume of 32 of the above C’s 32 funeral graves in the former North Korea-gun, G, and H buried, excavated the remains in the grave by using sckeers, and buried them in a clan tomb installed in the former North Korea-gun E, the area of remains in the grave.

Accordingly, the defendant found 32 graves.

(c) No person who violates the Funeral Services, etc. Act shall make cremation in any facility or place other than a crematory facility;

Nevertheless, the defendant is at the time and place specified in Paragraph 1(b).