A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On August 22, 2013, the Defendant was sentenced to nine months of imprisonment for fraud at the Seoul Western District Court on February 11, 2014 and completed the execution of the sentence.

【Criminal Facts】

The defendant is a child of D, the former owner of C forest land in ASEAN-si.

On August 20, 2014, the Defendant thought that, in order to sell the above forests and fields, the graves of E referred to “E” in the above forests and fields, and those of “E” in E’s increased and decreased structures and fields G graves were removed.

Therefore, without permission of E, the Defendant arbitrarily laid a human body H in the above forest without permission of E, and laid the remains buried in the above grave by spreading the soil of each of the above graves using sckes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement regarding E;

1. On-site guidance and on-site photographs, funerals, funerals, photographs, etc., and images of field photographs;

1. A certified copy of the book of expulsion, full certificate of matters to be registered, notification of reasons for non-prosecution, and investigation guidance and recording records according to the construction of funeral service establishments;

1. Previous records of judgment: Application of criminal records, investigation reports (reports on confirmation of the expiration of the term of punishment for suspects), investigation reports (reports on attachment of judgements related to repeated crimes of suspects), and other Acts and subordinate statutes;

1. Article 160 of the Criminal Act applicable to the crimes;

1. As to the assertion of the Defendant and his defense counsel under Article 35 of the Criminal Act among repeated criminal offenders, the Defendant and his defense counsel asserted that the Defendant cannot be punished for the crime of excavating a grave, on the ground that his mother consented from I to the change of a grave in 2012 and around 2013, his mother, who was the person who has the right to manage and dispose of a grave, had consented to the change of a grave. As such mistake has justifiable grounds, the Defendant cannot be punished for the crime of excavating a grave.

The crime of sprinking and excavating a grave shall be discovered without permission against the grave, or even if a person has authority, against the religious order of the corpse.