A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On May 3, 2014, the Defendant: (a) excavated the said graves from the Defendant’s forest owned by the Defendant located in Daejeon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, the Defendant was using the said graves, the heir of the remaining nine graves except for accommodation L, and the family heir of the family-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witnessO and Q;

1. A report on investigation (victim'sO evidence photographs);

1. A certified copy, closed register, certified copy of the register, and a family register;

1. Application of Acts and subordinate statutes on site photographs, aerial photographys, and graves photographs;

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

1. The defendant and his defense counsel's assertion about the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Act (the grounds for sentencing below) are asserted to the purport that since the defendant has been entrusted with the removal of the deceased and the management of the grave of this case, the defendant has the authority to manage and dispose of the deceased's status and the grave of this case, and therefore, the removal of the grave of this case does not constitute a crime of grave excavation or illegal.

In the crime of sprinking, in a case where a person who has the authority to protect, serve, manage, and dispose of a grave under the law, or a person who has obtained the legitimate consent from him/her finds it as a religious or customary respect for the body of the corpse, as an example of a sublime pursuant to customary good order, the illegality of such act is dismissed (see Supreme Court Decision 2007Do8131, Dec. 13, 2007). However, the service for a grave is protected.