A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 10, 2018, the Defendant: (a) around 16:00, around 16:00, as the Defendant was a grave managed by C in his own forest and land located in Jinangun-gun B, the Defendant was unable to obtain permission to change the use of the said forest and land before the beginning; (b) and (c) discovered the said grave by inserting the 1st hand of the said grave, such as C, without obtaining consent from his descendants, for example, in respect of respect for religious and customary customs cultivation, the Defendant laid down the said grave up to the

Summary of Evidence

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. A certified copy of the register, and a full certificate of registered matters;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 160 of the Criminal Act applicable to the crimes;

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201).

The purpose of the crime of excavating a grave under Article 160 of the Criminal Act is to protect human personality, morality, or religious sentiment of a person against a grave, and the act of destroying a grave by removing, destroying, or demolishing the whole or part of the clothes of a grave (see, e.g., Supreme Court Decision 89Do2061, Feb. 13, 1990). According to each evidence stated in the above "the summary of evidence", the defendant can recognize the fact that the defendant removed the turf of the grave of this case from removal to part of the body of the grave of this case, and such act constitutes the crime of excavating a grave.

The defendant's above assertion is without merit.

The grounds for sentencing are as follows, comprehensively taking into account the following circumstances, the defendant's age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions in the course of trial as ordered.

- by reason that no permission for change of use is obtained, a grave has been excavated without the consent of the manager.