The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to all facts-finding evidence, although the defendant could be found to have engaged in management activities, such as changing the size of the grave of this case without permission of the competent authority as stated in the facts charged, the court below erred by misapprehending the facts, thereby finding the defendant not guilty of the facts charged of this case.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 400,00) is too unhued and unreasonable.

2. Determination

A. (1) A person who intends to establish and manage a family cemetery or a clan cemetery shall obtain permission from the head of the Si, etc. having jurisdiction over the relevant cemetery as prescribed by Ordinance of the Ministry of Health and Welfare.

On April 5, 2015, the Defendant, without obtaining permission, managed graveyardss, such as conducting a funeral work for the 4th and the 5th ancestor worships located in the I forest located in the Naman-gun G in the Naman-gun, Naman-gun.

2) The lower court determined based on the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court, i.e., (i) the complainant stated in the investigative agency that “the Defendant did not have a tomb for the Defendant’s management, and the Defendant newly installed a grave on the instant land.” However, there were two graves for the Defendant’s management on the instant land; (ii) the Defendant had H re-established the dead body and re-established the grave base; and (iii) whether the Defendant’s act constitutes an act subject to permission by the competent market, etc. ( specifically, as alleged by the prosecutor, whether the Defendant’s act changed the area of the grave), compared to the photograph of the grave taken before commencing the construction. However, it is deemed that the form of the powder and the grave base vary, but it is difficult for the prosecutor to specify the area of the grave before the Defendant’s initial installation of the grave as well as the area of the grave installed at the time of the grave managed.