All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In the event of an erroneous determination of facts or misapprehension of legal principles, the grave in which the high tide of the victim B was removed (hereinafter “instant grave”).

) It is unclear whether the grave has been managed as a grave, and it is difficult to view the manager of the grave of this case as the object of the crime of destruction. Furthermore, since the defendant was aware of the grave of this case as D, and covered the earth with D’s consent, the defendant has no intention of damage or illegality with the victim’s consent. Even if D is not the manager of the grave of this case, there is no justifiable reason to believe that the defendant is erroneous. 2) The sentence of the court below on unreasonable sentencing (a fine of three million won) by the court below is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. In full view of the following facts acknowledged by the evidence duly admitted and examined by the lower court as to the assertion that the instant grave was not the object of the crime of destruction, the lower court can sufficiently recognize the fact that the instant grave was objectively known as a grave managed by any person in appearance.

1) The instant grave is located in Jinanan-gun C (hereinafter “instant forest”).

(2) Even if the height of the instant grave is not high, if kneee height has reached the degree of knee height, it can be deemed sufficient to recognize the portion of the instant grave in appearance.

Furthermore, the victim stated that he/she was punished for the instant grave before the drilling every year and arranged the surrounding areas of the cemetery, and the head of the village H also stated that “Y had well known that he/she had been in front of the Dong Dong Dong Dong Dong Dong Dong Dong Dong, and all people had observed the instant grave management and sculing.” The victim stated that “I tried to punish and scule the instant grave before the memorial stone.”