A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from February 14, 2014 to July 5, 2014, played a general role in exercising overall control over business affairs in “C” located in Jeju City from July 5, 2014.

On June 10, 2014, the Defendant requested D to change one grave (the installation of mountain fences and tombstones, 50 square meters) on the ground of D D’s line E in “C” and agreed to change a grave after consulting D with D on the time and place of the change. In particular, the Defendant knew D that he would not raise an objection in the case of the change of a grave.

Nevertheless, the Defendant thought that the cause of continuing to be unfasible to himself/herself at the time was in the case of a grave E, and tried to excavate and transplant a grave E without consultation with D. On July 1, 2014, F, etc. had F, etc. excavate a grave using creams, etc. and buried the remains of E in the case of a land in G.

Accordingly, the defendant found a grave.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and H;

1. Application of each statute on photographs;

1. Relevant provisions of criminal facts: Article 160 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Social service order: (a) considering all the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc., the sentence is determined as ordered by considering all the following circumstances; (b) recognizing a crime; (c) finding graves at the time the bereaved family does not want to do so; and (d) finding graves at the time the bereaved family members do not want to do so and doing so differently from the specific form or detailed location of graves the bereaved family members wished; (c) however, the agreement between the bereaved family members and the bereaved family members on the relocation of remains is a crime in which the bereaved family members tried to change the remains in the form and for example, in the name of the deceased’s mother-child graveyard