The defendant shall be innocent.

1. The summary of the facts charged is that a private cemetery should be installed at a place less than 500 meters away from a school, etc., however, around April 5, 2013, the Defendant: (a) installed a private cemetery by selling the ground using a insertion and sculp in Andong-si C located within a distance of 500 meters from the authorized well-known area of at least 20 units of land; and (b) putting the body of the Defendant’s remains together; and (c) putting the body of the body of the decedent’s remains together.

2. Article 40 Subparag. 2 and Article 7 of the Act on Funeral Services, Etc. (hereinafter “the Act”) is a provision punishing an act of burial in an area other than a cemetery. As long as the Defendant established and buried a private cemetery as stated in the foregoing facts charged, even if the private cemetery established by the Defendant did not meet the standards prescribed in Article 15 and attached Table 2 of the Enforcement Decree of the Act on Funeral Services, Etc., the Defendant cannot be punished on the grounds of Articles 40 Subparag. 2 and 7 of the Act.

In addition, Article 7 of the Act provides that “a cemetery” shall be construed as “a cemetery under Articles 13 and 14” and Article 14(6) of the Act provides that “the matters necessary for the establishment area of a private cemetery, the shape of a grave, the location of a grave, and other installation standards shall be prescribed by Presidential Decree” and if it is interpreted that an act of building a private cemetery which fails to meet the standards prescribed in Article 15 and attached Table 2 of the Enforcement Decree of the Act on Funeral Services, Etc. is punished under Article 40 subparag. 2 and Article 7 of the Act, it is against the principle of no punishment without the law.

Therefore, since the above facts charged constitute a crime, it is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.