상해
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)
A. Fact-misunderstanding and misunderstanding of legal principles (based on the violation of farmland law) 1) The Defendant did not install salary in “farmland,” but installed salary parts at “a place of funeral due to one’s own extension,” which accepted a natural funeral report from Gangnam-si around November 1, 2013.”
Since the Defendant’s report is accepted as a natural ground around November 1, 2013 on the land of 1,734 square meters (hereinafter “instant land”) that was installed in Gangnam-si in which the Defendant was installed, the instant land was changed to a natural place, not farmland, by “legal fiction of permission for diversion of farmland” and changed to a natural place, not farmland. As such, the instant land was installed in an area where a natural ground can be funeraled.
by diverting farmland.
shall not be deemed to exist.
2) Meanwhile, the Defendant is entitled to permit the development of the instant powder installation without a disposition, such as penal provisions, by the relevant authorities such as the Gangwon-si Urban Planning and the Ministry of Land, Infrastructure and Transport.
Since a defendant's act is not a crime because he/she knew that he/she is a minor structure that may not be permitted for development activities or may not be permitted, and believed that it was installed in a place reported as a natural site and believed it.
Trusted.
Therefore, the defendant's act constitutes an error of law under Article 16 of the Criminal Code.
B. The punishment sentenced by the lower court (2 million won) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
(a) the preceding 1. Definitions
A. 1) As to the assertion of paragraph (1), first, we examine the nature of the facility installed by the Defendant on August 2015 in the instant land as a police officer.
A) Although “self-extension” was not originally prescribed as a separate method of funeral, it was introduced as a whole by the former Act on Funeral Services, etc. in order to minimize its side effects, since graves or charnels due to existing burials or charnels were locked to the national land and damaged the natural environment.
Act on Funeral Services, etc.