The defendant's appeal is dismissed.

1. The summary of the grounds for appeal 1) In fact, the cemetery of this case, which is erroneous, does not constitute a grave for the excavation of a grave, because it is merely a grave.

2) The sentence of the lower court (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) which is unfair in sentencing is too unreasonable.

2. Determination 1) According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following circumstances are acknowledged.

① At an investigative agency and the original trial, F consistently established the cemetery of this case, D 15th line, by descendants, prior to a white year, as the cemetery of this case was established by the investigation agency and the lower court. The descendants continued to flaps and conduct religious rites while managing the cemetery through N, G, etc.

G. G consistently with the investigation agency and the lower court, followed the father and has maintained the graveyard of this case, and has maintained the vision around October of each year. The investigation records No. 9, 41-43, and the trial records No. 42)

(2) Although H has prepared and submitted to an investigative agency a factual confirmation that the cemetery of this case was merely a grave (see, e.g., 96 pages of the investigation record), it is difficult to believe the content of the written confirmation of the above facts, in light of the fact that the graveyard of this case was prepared in advance by the investigative agency and the court below, and that the Defendant signed and sealed without verifying the content thereof (see, e.g., 143, 144 pages of the investigation record, and 61 pages of the public trial record).

(3) A grave which is the object of the crime of excavating a grave refers to a place where the body, remains, or remains of a person is buried and buried in a memorial, worship, or monument. Even if the body or remains are debrised, it shall be the grave even when the body or remains are debrised, and even if who is the deceased is unknown, it shall be deemed that the body or remains are currently the objects of religious worship and religious worship and, if a person volunteered for it (Supreme Court Decision 89Do2061 Decided February 13, 1990).