A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The judgment is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant received KRW 60 million (a total of KRW 90 million, if the Defendant added up KRW 30 million, which was already paid after relocation) as the expenses for relocation of the six-years and eight-years of a grave, the owner of a forest and field for which he had no interest; (b) and (c) was aware that the instant grave was in progress by December 22, 2012 in accordance with the agreement with the term of this disability until December 22, 2012; and (d) it appears that the Defendant suffered emotional distress due to his failure to properly recover the remains.

However, the fact that the defendant recognized his mistake and divided, that he paid consolation money to G who is the next grandchild for the first time in the trial, and that G complained of his wife against the defendant, that he has been detained for about two months due to this case, and that he has the time of his own accommodation, and that he does not have a criminal record of a fine, etc. are favorable to the defendant.

In full view of the above-mentioned normal relationship, the defendant's age, character and conduct, environment, health conditions, the circumstances surrounding the crime of this case, the circumstances after the crime, and all other circumstances revealed in the arguments, the punishment sentenced by the court below is considered to be too unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 160 of the Criminal Act as to the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;