The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (each punishment of eight months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service order, confiscation) imposed by the lower court on the Defendants is excessively unreasonable.

2. Of the facts charged in the instant case, the lower court acquitted the Defendants on the primary charges concerning the violation of the Cultural Heritage Protection Act and the violation of the former Fisheries Act, and convicted the Defendants on the ancillary charges concerning the violation of the Cultural Heritage Protection Act. Of the lower judgment, only the Defendant appealed on the convicted portion, and the prosecutor did not appeal on the acquitted portion.

Therefore, the non-guilty part of the judgment of the court below shall be deemed to be exempted from the list of the parties to the public defense, and the scope of the judgment of this court shall be limited to that of the judgment below

3. The judgment of the defendants were made against the defendants when they made a confession during the crime, and the defendants appear to have discovered the cultural properties of this case as fishermen while trying to gather fishery products, and it seems that they did not have been professionally planned to do so. The defendants' assertion of unfair sentencing by the defendants is reasonable since the defendants presumed to have somewhat weak awareness of whether the cultural properties of this case were cultural properties at the time of discovery and removal of the cultural properties of this case, the defendants did not have the same criminal power, the community service order of 120 hours seems to have economic difficulties for the defendants who are engaged in fishing activities for their livelihood, and other various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendants' age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc., the sentence imposed by the court below against the defendants is considered to be unfair.

3. In conclusion, the defendants' appeal is reasonable, and Article 364 of the Criminal Procedure Act is applicable.