A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The Defendant, as the owner of Gangseo-gu Busan Metropolitan City C Cemetery, tried to sell the above land to another person; however, it is anticipated that there is difficulty in selling the land on the above land in D’s five-line line, a grave, and had the mind to excavate the deceased E’s grave.

On November 23, 2016, the Defendant excavated a grave by spating and spating the grave using spakes, even though the Defendant did not have the right to dispose of the grave of the deceased E, such as D, located in Gangseo-gu Busan Metropolitan City, for the management of the grave of the deceased.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Results of inquiry into the fact by the National Scientific Investigation Institute of this Court;

1. Legal statements and inspections of witnessesD, and statements by the police;

1. Reasons for conviction in each investigation report;

1. The purpose of the crime of excavating a grave under Article 160 of the Criminal Act is to protect human dignity or religious sentiment of the grave is to remove or destroy the whole or part of the body of the grave and to damage the grave by destroying it. The body of the grave, which is the object of the crime of excavating the grave, refers to a place where the body of the body of the decedent is buried and buried in a memorial, worship, or monument. The body of the body of the grave is also a grave when the body of the body of the decedent or remains is debris, and even if it is unclear, it constitutes a person who serves for religious worship and religious worship (see Supreme Court Decision 89Do2061, Feb. 13, 1990). The judgment of the defendant is that the body of the grave of this case, which is the object of the crime of excavating the body of the decedent, is the grave of this case, and the body of the deceased, which is the body of the deceased and the body of the deceased, is the body of the deceased and the body of the deceased.