The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and mistake of the facts, the grave in this case had already been removed, and the defendant had no intention to excavate the grave, but the court below found the defendant guilty of the facts charged in this case. In so doing, the court below erred by misapprehending the legal principles and misconception of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The lower court’s determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal doctrine 1) The lower court, even if the body of a grave was unsatisfyed, dissatisfyed, close to ordinary soils, and the grave is unsatisfying because of the lack of a mark such as tombstones, may not be deemed as a grave which is the object of religious worship and religion as a satisfy subdivision, or that it does not constitute a grave which is the object of the crime of excavating a grave.

The following circumstances, i.e., the grave of this case, which was legally adopted and investigated by the court below, was managed in a somewhat insufficient manner, such as ① the grave of this case was managed by the lower court or the Gemanium covering the fluium.

Even if the clan G, H, etc. were living in a neighboring area, it seems that they had been able to provide protection services by descendants, such as providing a punishment, and ② the Defendant was the former owner of the forest of this case.

From I (referring to D), the Defendant was aware of the fact that the instant grave was an abandoned grave, and ③ the Defendant was well aware that the instant grave was not an abandoned grave, as seen above, so it is more closely checking whether the instant grave was buried or buried, or undergoing procedures such as permission for relocation of a grave, etc. by the competent authorities.

In light of the fact that the defendant found the graves of this case only dependent on the defendant's prosecution or F's explanation, etc., the defendant found the graves of this case as stated in the judgment below.