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(영문) 춘천지방법원 2020.05.28 2019고단1236
장사등에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who introduced a riverwon Hongcheon-gun C or D forest (hereinafter referred to as the “forest of this case”) to B and acts as an agent for the Defendant, including the excavation of graves in the forest of this case.

The Defendant, while developing the forest land B and the instant case, intended to build a new house for electric power resources, planned to carry out the excavated remains in an unlawful way of cremation using LPG gas sprayers on the site without proceeding in accordance with a religious and customary respect for the corpse and in accordance with a customary procedure for the worship of sublime, and without having the grave manager attend the grave burial work in the instant forest.

Thus, between October 3, 2018 and 11:00, the Defendant excavated and damaged the remains of each of the instant graves by taking advantage of the digging hole in the instant forest from around 08:00 to around 11:00, the Defendant laid the four remains of the deceased, such as E, F, G, and H, and laid the remains of the deceased, which were laid inside the said grave, in the said place, laid the remains in double iron bars, and laid the remains into the land at the entrance of the instant grave by using the PG gas sprayers.

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

Nevertheless, between October 3, 2018 and 11:00 on October 3, 2018, the Defendant, in collusion with B, laid off four graves, such as E, F, G, and H, in the same place as in paragraph (1), and laid off four remains buried in the same place as in paragraph (1), and buried them in a double iron box, and buried them into a PG gas gun, and buried them on the side of the entrance of the grave at the entrance of the grave.

Accordingly, the defendant, in collusion with B, has buried four remains in a place other than a crematory facility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. The remains in the application form for provisional disposition against the prohibition of mining a grave, the progress of the Supreme Court case (2018Kahap10093), the progress of the Supreme Court case (2018Kadan57304), the text of sending and receiving the suspect A, the body of sending and receiving the suspect A, the opening of a grave, and the gas burners;

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