1. Violation of the Funeral Services, etc. Act

(b) Violation of the Mountainous Districts Management Act;

1. A. (b) Song (43 years, remaining) and agriculture

Residence

Reference domicile

2. (b) 00 comprehensive landscape companies;

Location

Representative Director SongB

agent NA

Newly Inserted by Presidential Decree No. 2010, Dec. 1, 201>

Law Firm Tae (For the Defendants)

Attorney Kim Yong-ju

May 12, 2016

Defendants shall be punished by fine 1, 500, 000 won.

the period of 100,00 won converted into one day when the defendant Song-A did not pay the above fine;

The defendant shall be confined in a workhouse.

To order the Defendants to pay an amount equivalent to each of the above fines.

Facts of crime

Defendant Song-A is a person operating a 0000 arboretum in the Ulsan 000 natural green area, and the defendant corporation, the defendant corporation, is a corporation incorporated as the operator of the above 000 arboretum. The above 00 comprehensive landscaping is a corporation incorporated as the operator of the above 000 arboretum.

1. Defendant Song-A

(a) Violation of the Funeral Services, etc. Act;

No cemetery, crematory facility, charnel facility, or natural burial ground shall be established within a natural green area.

On March 23, 201, the Defendant installed a natural burial ground by dividing the area into the names of each park of 143gs and of each park of 10,280 square meters (3, 109 square meters) from the site of approximately 00,000 square meters (3, 109 square meters) and by installing a name tag where an agent is located and installing a tree of 143gs and 143gs of trees and installing a name tag where 5 million won is buried from the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the land.

The Defendant, from that time until May 2, 2015, installed a natural burial ground in the same manner eight times in total, as shown in the attached list of crimes, from that time until May 2, 2015.

(b) Violation of the Mountainous Districts Management Act;

A person who intends to temporarily use a forest for the purpose of installing woodland burial grounds under the Funeral Services, etc. Act shall report the mountainous district of a State forest to the Minister of the Korea Forest Service, and to the head of a Si/Gun/Gu for mountainous district of a forest which is not a State forest.

On March 23, 2011, the Defendant temporarily used the remains 10,280 square meters (3, 109 square meters) without reporting to the competent authority on temporary use of a 0000 arboretum, by dividing four areas into four areas with the name of cryp park, bed ground ground, flower ground, flower tree source, and balone tree source, and by forming 143 g of trees in this area, the Defendant created a tree of 143 grepted to the other party, and opened a tree burial ground to gather the remains buried at the site of approximately 10,280 square meters (3, 109 square meters).

The Defendant, from that time to May 2, 2015, as shown in the annexed list of crimes, from that time, from that time, to that time.

In total eight times, the temporary use of mountainous districts was made in the same manner.

2. Defendant 00 and 00 others

The Defendant temporarily used a mountainous district when and at the same time and place as Paragraph 1-b, Song, an employee of the Defendant, set up a woodland burial ground as above with respect to the Defendant’s non-business operation.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendant Song-A: each of the former Funeral Services Act (Amended by Act No. 13108, Jan. 28, 2015)

Article 39 Subparag. 2 and Article 17 Subparag. 1 (Establishment of Natural Burial Grounds in Green Areas)

The law relating to each funeral service, etc., attached Nos. 1 through 6 of the list of crimes

Article 39 Subparag. 2 and Article 17 Subparag. 1 of that Act.

§ 55(2) of each Mountainous Districts Management Act, No. 7,8 of the Act;

15-2(2) Subparagraph 8 of Article 15-2 (2) (the point of temporarily using a mountainous district on which a report is not filed), and each fine

Defendant 1: Articles 56, 55 subparag. 2, and 15-2 of the Management of Mountainous Districts Act

2 Paragraph 8 of this Article

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant Song-A: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

[Defendant and his defense counsel can not report because the act is illegal even if they want to report for temporary use of mountainous districts under the Mountainous Districts Management Act. Thus, they cannot be punished because they failed to report an act that cannot be reported. Thus, they do not constitute a violation of the Mountainous Districts Management Act. The purport is that the Act on Funeral Services, etc. and the Mountainous Districts Management Act are different from each other, so it is difficult to see that there is a relation of being excluded from the application of other Acts because they violated one of the legal interests protected by the law and the Mountainous Districts Management Act are different.

In addition, it is difficult to see that it is limited to a legitimate woodland, and therefore, it cannot be deemed impossible to report the temporary use of a mountainous district under the Mountainous Districts Management Act because it is the construction of a woodland in violation of the Act on Funeral Services, etc.; ③ in the case of Article 39 of the Funeral Services, etc. Act, the statutory penalty is imprisonment for not more than two years (or a fine) and in the case of Article 55 of the Mountainous Districts Management Act, the statutory penalty is imprisonment for not more than three years (or a fine). If the above assertion is followed, even if the temporary use of a mountainous district is not the same non-reported mountainous district, it is more severe than the case of violation of the Act on Funeral Services, etc., and thus, it is recognized that the above assertion is guilty of violation of each Mountainous Districts Management Act among the facts charged in the instant case.

Judge Lee Associate-hoon

- The omission of a list of offences below hereinafter