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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
For the reasons indicated in its reasoning, the lower court accepted the prosecutor’s appeal and reversed the judgment of the first instance that acquitted the facts charged of the instant case, and found the Defendant guilty.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding Article 40 Subparag. 2 and Article 7(1) of the Act on Funeral Services, Etc., or by exceeding the bounds of the principle of prohibition of double punishment and by exceeding the principle of free evaluation of evidence.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine is imposed against the defendant, the argument that the amount of the
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.