A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the owner of the forest in Gyeonggicheon-gun C, and the Da's Chocheon-gun cemetery was installed arbitrarily in the forest.

Around 08:00 on August 24, 2015, the Defendant sold forest land to another person on the condition that he would transfer the D’s stone cemetery to a third person. Around August 24, 2015, the Defendant sold the remains in D’s stone cemetery without permission on the ground that D’s continued graveyard does not have any disability.

E. The excavation was found.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes to the scene photographs of the police statement made by the D on-site, contracts for real estate sale, site photographs (in a state of damage to graveyards and photographs before and after the relocation of a grave), certification of the details thereof (the details of dispatch and bags);

1. Article 160 of the Criminal Act concerning a crime;

1. The reason for sentencing of Article 62(1)(the following favorable circumstances) of the Criminal Act is that the defendant arbitrarily excavated the grave of this case due to his economic problems, and the criminal liability is not minor.

However, the defendant recognized his mistake and reflected his mistake.

In the process of excavating a grave, it seems that there is an example of respect according to the customs and quantity of the grave.

There is no record of criminal punishment except for a fine imposed once in 1986.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, sex, motive, means and consequence of the crime, and circumstances after the crime.