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(영문) 전주지방법원 2013.05.01 2013고정45

장사등에관한법률위반등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall bury any area other than a cemetery, and a person who intends to build and manage a family cemetery shall obtain permission from the head of the Gun having jurisdiction over the cemetery, and a person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries

Nevertheless, on April 23, 2012, the Defendant installed four family graveyards with a size of 300 square meters on the land, the land category of which is “former,” the farmland category of which is “former,” without permission for graveyard installation and farmland diversion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on land cadastre and on-site photographs;

1. Article 39 Subparag. 1, Article 14(3) of the Act on Funeral Services, etc. for Criminal Facts (a point where an unauthorized family cemetery is established), Articles 57(2) and 34(1) of the Farmland Act (a point where farmland is diverted without permission);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a crime of violating the Farmland Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;