A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant entrusted D with the relocation of a grave in the instant site as the owner of the Gyeongcheon-gun C (hereinafter referred to as “the instant site”) of the Gyeongcheon-gun, North Korea (hereinafter referred to as “the instant site”).

The Defendant was issued a certificate of permission to open a grave for the 18th time of the site of this case by using a letter of confirmation of the F and G name (the reason why the Defendant was unaware of the relative of the tomb) stating false facts on February 2, 2013.

Criminal facts

On February 16, 2013, at around 10:00, the Defendant excavated a grave by allowing D, who is unaware of the fact that it is a clan tomb of E, one hundred days of a grave located in the site of this case.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Some statements in each of the suspect interrogation records of the defendant and D by the prosecution;

1. An investigation report (referring to the F of a reference witness, G telephone statement hearing report);

1. Investigation report (on-site confirmation report);

1. An investigation report (report on telephone calls from the party of a neighboring resident);

1. An investigation report (report on telephone calls for reference);

1. Report documents for permission for relocation;

1. Submission of additional materials (see, e.g., Investigation Records No. 187);

1. Peremptory notice;

1. The defendant asserts that his act does not constitute the crime of excavating a grave since he opened a grave that is not managed by the defendant.

However, according to each of the above evidence, the descendants of the clan of this case, including H, serve in the defense of the graves indicated in the judgment, and the defendant sent a peremptory notice demanding the relocation of the graves. Even if those graves are not included in the peremptory notice, there was dolusence as to the fact that the graves of this case belong to the same clan. Nevertheless, the defendant did not ask the descendants of the same clan, such as H, etc., about the fact that the graves of this case belong to the same clan.