The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The crime of this case is deemed unfair considering the following: (a) the crime of this case is committed at a disadvantage: (b) the defendant has committed the crime of this case; (c) the defendant voluntarily excavated another person’s grave without any connection with him/her in order to wrongfully defraud the compensation from LH Corporation; (d) the method and motive of the crime are very poor; (e) the grave owner or manager, which is the actual victim, is unable to recover from damage; and (e) the Criminal Act is punished only by imprisonment for not more than 10 years without a fine; (d) the fact that the crime of this case is committed; (e) the fact that the defendant has been punished several times due to the crime of fraud, fabrication of private documents, etc.; (e) the defendant has led to the confession and reflect of all the crimes; (e) the defendant has recovered from the victim LH Corporation for four months; and (e) the crime of this case corresponds to the latter concurrent crimes of Article 37 of the Criminal Act; and (e) the crime of this case falls under the age conditions for sentencing of the defendant.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 161(2) and (1) of the Criminal Act of the relevant criminal facts of the crime (the occupation of remains to excavate and destroy seedlings), Article 347(1) of the Criminal Act, Article 93 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.