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(영문) 창원지방법원 마산지원 2015.12.18 2015고정675
장사등에관한법률위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

A person who intends to establish and operate a family cemetery, a clan cemetery, or 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

Nevertheless, on April 5, 2015, the Defendant, without obtaining permission from the competent Mayor, etc., installed four graves, which are clans, in the Masan-si C forest land in the Changwon-si, the Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A public official statement prepared by D;

1. Each investigation report (to listen to statements, such as telephone conversations with D of the Maposan Member Office of the Republic of Korea, and to attach graves and memorial photographs thereto);

1. A written accusation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 39 of the relevant Act on Criminal Facts and Articles 14 (3) and 14 of the Act on Funeral Services, etc. for the Selection of Punishment;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (i.e., the confession and reflect of the defendant, the absence of any previous record, the circumstances leading to the crime of this case, the removal of installed graves to restore them to their original state, the age of the defendant, etc.);

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