The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of causing property damage is not established since the misapprehension of the legal principle does not damage the top of the grave of the victim, but merely relocates the location.

B. The sentence (two million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. As to the assertion of misapprehension of legal principles, the standing stone of a grave refers to “a grave created with broad stones to store materials on a grave” and thus, it should be placed at a certain location in front of the grave in order to remove materials from the grave.

Therefore, the act of arbitrarily moving the location of a stone constitutes “an act that impairs the utility of property by other means” and constitutes a crime of causing property damage.

The defendant's assertion of legal principles is not acceptable.

3. As a result of the appellate court’s examination of whether the sentencing of the first instance court is unfair, unless there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, this shall be respected as possible.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances as the grounds for sentencing (the degree of damage is not significant, and there is no history of punishment heavier than a suspended execution) as well as all the sentencing conditions (the fact-finding relation is recognized as a substitute, and the defendant asserts that he removed the dead part of the grave by making the site manager of the housing construction company He had removed the dead part of the grave, but the police stated that he/she performed the construction of the housing, and the scope necessary for the protection and removal of the grave of this case is not clear to a certain extent. However, the right to grave base is a right to the area including the vacant part of the grave’s base within the necessary scope for the protection and removal of the grave of this case) as the grounds for appeal.