A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is C. 27 years old, M.P. 27 years old.

On October 26, 2014, the Defendant: (a) laid off a grave of the Defendant and the above E, a 16-year-old co-ship, on the ground that the Defendant, as the son of the above C TM 28-year-old damage, was moved to the mountain among the Jeju-si capital located in F in Jeju, according to the Defendant’s will without the Defendant’s consent, as the son’s son, who was the son of the foregoing CM 28-year-old damage.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor to H and I;

1. A family relation certificate and family relation certificate;

1. A certified copy of each removal from the military register;

1. Application of each statute on photographs;

1. Article 160 of the Criminal Act concerning the facts constituting the crime;

1. Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) and defense counsel’s assertion of the Defendant and his defense counsel, and the Defendant and the defense counsel continuously managed the instant grave. As such, the Defendant’s act of excavating a grave is not contrary to social norms, and thus, the illegality should be avoided.

The purpose of the crime of excavating a grave is to punish a person who is not authorized to do so or even if he/she is authorized to do so against the religious order and order of the body of the grave. Thus, if a person who is authorized to protect, serve, manage, and dispose of the grave without permission, or a person who is duly authorized by him/her to do so, finds it out for the religious and customary order of the body, the illegality of the act should be avoided. On the other hand, the right of service, protection, management, and disposal of the grave belongs not to both a clan nor its descendants, but to the family heir exclusive ownership of the deceased family heir with respect to the grave (see Supreme Court Decision 2007Do8131, Dec. 13, 2007, etc.).