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(영문) 수원지방법원 여주지원 2015.02.09 2014고정375

장사등에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall install any cemetery in an area prescribed by Presidential Decree among green areas under the National Land Planning and Utilization Act, water source protection areas under the Water Supply and Waterworks Installation Act, cultural heritage protection areas under the Cultural Heritage Protection Act, and other areas prescribed by Presidential Decree.

Nevertheless, on April 15, 2013, the Defendant buried the body of the Gyeonggi-gu Gyeonggi-gun and the Dong E deceased in D, which is a riparian zone designated pursuant to the Han River Water Quality Improvement and Resident Support Act, and installed a cemetery.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 39 of the relevant Act on Criminal Facts and Article 39 of the Act on Funeral Services, etc. Selection of Punishment, Article 17 subparagraph 2 and subparagraph 4 of Article 17 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

A. The defendant's defense counsel argues that the act of the defendant to bury a decedent's body and install a grave without expanding the site where the family's graveyard had already been established does not constitute an act of building a graveyard prohibited under Article 17 of the Funeral Services, etc. Act.

Since the cemetery of those who had a deceased E had already been established in the vicinity of the cemetery, there is room to regard the site of such cemetery as a family cemetery under Article 14(1)2 of the Act on Funeral Services, Etc. Even if the cemetery was established without expanding the site of such cemetery, Article 17 subparag. 4 of the Act on Funeral Services, etc. and Article 22(4)2(a) of the Enforcement Decree of the Act on Funeral Services, Etc. shall be governed by Article 4 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin.