A. The punishment of the lower court (one year of imprisonment) is excessively unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case, in order to acquire unlawful profits, is found to have excavated another person’s grave at will, and then cremate and thrown the remains at will, and the crime of this case is extremely serious result, and it is extremely poor in its nature because it is extremely difficult to recover from damage.

Furthermore, the grave excavated by the defendant without permission has five times, and the defendant has several penalties and the suspension of execution, so it is necessary to strictly punish the defendant.

However, taking into account the fact that the Defendant reflects the instant crime in depth, and the fact that the wrongfully received compensation was fully returned, etc. In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the commission of the instant crime and the overall sentencing conditions indicated in the pleadings, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.