장사등에관한법률위반 등
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of 700,000 won.
3. The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Error of facts in the original judgment) The Defendant did not have established a family cemetery without permission since he/she buried and buried remains. ② Since he/she buried a charnel in a dry field and cultivated a spawn by cutting down the spawn, the lower court did not have any fact that he/she diverted farmland without permission. In so doing, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment by recognizing the Defendant’s establishment of a family cemetery without permission and the diversion of farmland without permission.
B. The sentence (1.5 million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. 1) Article 14(1)2 of the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”) provides that “family cemetery” shall be “a cemetery established within the same area with respect to a grave owned by a person who was in a marital relationship under the Civil Act” (Article 2 subparag. 6 of the Funeral Act). “A grave” refers to “facilities where bodies or remains are buried in the same area” (Article 2 subparag. 6 of the Funeral Act), and the Defendant asserts that the burial of five remains in the dry field constitutes a natural burial, and thus, the issue of the instant case is whether the Defendant’s burial of five remains in the above remains constitutes “reinsect.”
However, the term "natural burial" asserted as a concept compared to the term "pathy" refers to the burial of a decedent's remains under or around the bottom of trees, flowerss, etc. (Article 2 subparagraph 3 of the Funeral Act). In the case of a family cemetery, if prior permission is not obtained pursuant to Article 39 subparagraph 1 and Article 14 (3) of the Funeral Act, it shall be subject to criminal punishment. On the other hand, the development of a family natural burial ground shall be reported to the Mayor, etc. pursuant to Article 16 (2) of the Funeral Act after the creation of the burial site, and if the report is neglected, it shall be reported to the Mayor, etc. pursuant to Article 42 (1) 6 of the Funeral Act.