The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months, suspended execution for two years, probation and social service 40 hours) of the court below is too unreasonable.

2. In light of the judgment, the protection of cultural properties is a significant mission for the inheritance of national culture and the enhancement of the culture of the people. However, the Defendant violated this duty for private interest, and the nature of the crime is not less and less than that of the crime, and the area of this case is considered disadvantageous conditions such as the fact that cultural properties are buried in many parts of cultural properties, which are highly worthy of protection.

However, at the time of the Defendant’s confession of the instant crime and the acceptance of the land other than C, the Defendant owned, and at the time of the Defendant’s expropriation, G land was located through the above expropriated land. Since G land was located through the above expropriated land, G land was also included in the subject of expropriation, or the access road to G land was not accepted, but did not have been accepted. Accordingly, the Defendant inevitably opened the access road to the instant case because he was unable to give up farming houses over about 814 square meters, which led to the instant crime because he was forced to commit the instant crime, and was not intentionally damaged, and there was another road that could have been access to cultural heritage at the time, but it was practically impossible to use the land due to the dispute with the owner of adjacent land at that time, and the Defendant was actively prior to the determination of the damaged area after the instant case, the background and motive leading up to the instant crime, the Defendant’s age, family relation, occupation and behavior, and the circumstances leading up to the Defendant’s punishment, and the circumstances leading to unfair sentencing.