The defendant's appeal is dismissed.

1. The summary of the grounds for appeal: A clan, a defendant of mistake of facts or misapprehension of legal principles, managed the deceased's graves set up in the Mad, its wife E, network E, networkF, its wife G, and network H (hereinafter collectively referred to as "each of the instant graves"), and the deceased's graves set up in the said graves, including those inside the said graves, (a).

I, a member of the clan, was only the beginning of each of the graves of this case in order to secure a reputation that he has ownership of the forest land of this case, in order to settle a dispute over ownership of the forest land of this case with the clan B.

In addition, since the Australia system was completely abolished, the right to volunteer service, care, and management and disposal of the graves cannot be considered as the exclusive jurisdiction of the successor to the grave, and the person who leads to the removal of the company pursuant to Article 1008-3 of the Civil Code. The person who leads to the removal of each of the graves of this case is a clan which is the upper clan of the B clan, and the clan shall have the right to manage and dispose of each of the graves and their remains of this case.

Therefore, the right to manage and dispose of each of the instant graves belongs to the clan B, and since the Defendant, a general secretary, has moved to the instant graves for religious and customary purposes according to the resolution of the general assembly, the Defendant’s act does not constitute the elements of the establishment.

2. Determination

A. The purport of the crime of excavating a grave is that even if a person who is not authorized or authorized to do so with respect to the grave, the crime of excavating a grave shall be deemed to be subject to punishment only in cases where the grave is excavated without permission in violation of the religious order of the body. Thus, the illegality of the act of excavating a grave shall be excluded in cases where the person who is authorized to protect, serve, manage, and dispose of the grave legally, or the person who obtained the legitimate consent from him/her, carries the religious and customary order of respect for the corpse, and the act of excavating the grave shall be excluded. Meanwhile, the service, protection, and protection of the grave.