The judgment below

The guilty part shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The progress of the lawsuit in this case and the scope of adjudication of the party concerned;

A. 1) The lower court acquitted the Defendant on the violation of the Funeral Services, etc. Act due to the establishment of an unauthorized corporate cemetery among the facts charged in the instant case, and acquitted the Defendant on the violation of the Act on Funeral Services, etc. due to the nonperformance of an order to close the facility facilities. 2) The Defendant appealed against the lower judgment on the ground of erroneous determination of facts as to the guilty portion and unreasonable sentencing, and the Prosecutor appealed on the ground of erroneous determination of facts

In this regard, the appeal by the defendant and the prosecutor was all dismissed.

3) The Defendant filed an appeal against the judgment of the party before remanding the case on the grounds that there was an error of misunderstanding the facts against the rules of evidence against the rules of evidence. 4) The Supreme Court reversed and remanded the conviction part of the judgment of the party before remanding ex officio on the grounds that it erred by misapprehending the legal principles on the interpretation of the former Act on Funeral Services, Etc. (amended by Act No. 13108, Jan. 28, 2015; hereinafter “former Funeral Act”) and failing to exhaust all necessary deliberations, thereby affecting the conclusion of the judgment.

B. In the instant case where a prosecutor did not file an appeal against the acquittal portion of the judgment of the court prior to the remanding of the scope of the trial court, and only the defendant filed an appeal against the conviction portion only, the aforementioned acquittal portion shall be deemed to have been separately determined upon the expiration of the period for filing an appeal (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992). Accordingly, the final appeal shall be deemed to be the only conviction portion, and the judgment of the court prior to the remanding of the case, reversed and remanded only the conviction portion

2. Summary of the grounds for appeal;

A. The Defendant is related to the assertion of mistake of facts or misapprehension of legal principles.