The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① The Defendant was found to have opened 10 seedlings, but the said grave is not a grave recorded in the facts constituting the crime of the lower judgment, but a five grave: V; three of them; W; L; L; L; L; L;O; Qru; and ② the Defendant has been managing the instant grave for a period of 40 years; thus, the Defendant acquired the right to dispose of the instant grave; and even if so, it was not so.

Even if the Defendant was delegated by Twit, a son’s son who was laid to rest in the instant grave, and opened the instant grave, the Defendant did not constitute a crime of excavating the grave.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, and 120 hours of community service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the court below, it is reasonable to view that a grave excavated by the Defendant as “H’s tomb, I’s tomb, J’s tomb, K’s tomb, K and M’s tomb, N’s tomb, O’s tomb, and Q’s tomb,” as indicated in the facts of the crime of the lower judgment.

① It is clear that the Defendant opened 10 1-4, 6-9, 40, and 41 1-4, 6-9, 40, and 41 each time of the following grave (see, e.g., evidence). However, the complainants and the Defendant’s arguments as to whom each of the above graves is grave or where the grave is located are inconsistent.

The facts that include L's tomb, L's tomb M's tomb,O's tomb, Q's vegetable tomb, etc. among the 10 graves opened by the defendant do not conflict with the defendant and the complainants, and thus, the remaining graves are problematic for whom they belong. According to the following, the remaining graves are indicated as H(28) and H's wife I, J (29), J's wife, K, X (31), and Q's wife P (30 years old), while the above graves are also indicated as those of H(28 years old), H(28 years old), H's wife, J(29 years old), and Q(30 years old). The statement of the above graves is also indicated as those of the previous clan.