The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In collusion with E, the Defendant did not move to a grave.

E, alone, after the completion of a grave, only sent this equipment to the defendant to request the transfer of this equipment.

The court below erred by misapprehending the facts.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. In the case of accomplices who are jointly processed by two or more persons on the assertion of mistake of facts, the conspiracy is not required under the law, but is only a combination of two or more persons to jointly process and realize a crime. Although there is no process of the whole conspiracy, if the combination of doctors is made in order or impliedly through several persons, the conspiracy is established.

(See Supreme Court Decision 97Do1706 delivered on September 12, 1997, etc.). In addition, in order to recognize such a conspiracy, strict proof is required. However, in a case where the Defendant denies the conspiracy, which is a subjective element of the crime, the Defendant is bound to prove it by means of proving indirect facts or circumstantial facts having considerable relevance in light of the nature of things given the nature of things, and in such a case, whether what constitutes indirect facts having considerable relevance ought to be determined by the method of reasonably determining the link of facts based on the sound observation or analysis power based on normal empirical rule.

(see Supreme Court Decision 201Do9721, Dec. 22, 2011). According to the evidence duly adopted and examined by the lower court, the facts and circumstances as stated in the lower court’s holding may be recognized, and comprehensively taking account of all the above, the fact that the Defendant conspired with E to discover a grave by causing in collusion with others.

The judgment of the court below which found the defendant guilty is just and correct.