산림자원의조성및관리에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In the course of purchasing standing timber from G, which is a seller, and performing the felling operations, the Defendant considered that he/she was his/her own possession and cut down all customary trees, etc., and thus, the Defendant did not intend to steal another’s forest or obtain illegal gains.
B. The lower court’s imprisonment (six months of imprisonment) on the ground of unfair sentencing is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly admitted and examined by the lower court, the following circumstances can be acknowledged.
1) On December 31, 2008, D, the injured party, is the standing timber in Chungcheong-gun C (hereinafter referred to as the “instant standing timber”) to H on December 31, 2008.
(2) According to the “Contract for Sales of Standing Timber prepared by the victim and H”, the sales product is indicated as “the owner of the standing timber in the relevant mountainous district and the conventional trees (hereinafter “instant conventional trees”) and partial special designated trees for landscape purposes (hereinafter “patching the said three trees”).” (Although the victim was dead after the occurrence of the instant case, the original copy of the said contract was not submitted to the investigative agency after printing out the file of the said contract at the computer used by the victim and submitting it to the investigative agency, and H stated that the said output is identical with the content of the contract written by the victim.
2) While selling the instant standing timber to G, H did not separately prepare a contract, and did not notify G of the condition that he would not fell under conventional trees, etc., unlike the agreement with the victim.
H stated that G sold the instant standing timber to G after five to six months after the victim purchased the instant standing timber from the victim, but G sold the said standing timber from H on December 2008.