특정범죄가중처벌등에관한법률위반(산림)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for one year;
3. However, for a period of two years from the date this ruling becomes final and conclusive.
1. The gist of the grounds for appeal was that the Defendant was aware of the fact that he was permitted by E and A to work for himself, and thus, he did not know that E, etc. stolen pine trees and damaged standing timber without permission.
Therefore, the defendant did not have intention to commit the crime of this case.
2. Determination
A. We examine the reasoning of the Defendant’s appeal ex officio.
Of the instant facts charged, the lower court applied Article 9(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016; hereinafter “former Specific Crimes Aggravated Punishment Act”) and Article 73(1) of the Creation and Management of Forest Resources Act (hereinafter “The Forest Resources Act”).
Article 9(1)2 of the former Specific Crimes Aggravated Punishment Act provides that a person who commits a crime provided for in Article 73(1) of the Forest Resources Act concerning theft of forest products shall be punished by imprisonment with prison labor for at least three years where the place of origin of forest products is at least one million won, but less than 10 million won, or the damaged area of forest is at least 5,00 but less than 50,000 square meters.
“.......”
In such a case, on January 6, 2016, the former Act on the Aggravated Punishment of Specific Crimes was amended and enforced by Act No. 13717 (hereinafter referred to as "the Act on the Aggravated Punishment of Specific Crimes"), which was following the pronouncement of the lower judgment (hereinafter referred to as "the Act on the Aggravated Punishment of Specific Crimes"), and Article 9 (1) 2 of the Act on the Aggravated Punishment of Specific Crimes shall be punished by imprisonment for not less than two years, but not more than 50,000 square meters where the place of origin of forest products is at least KRW 10,00,000 or the damaged area of forest is at least KRW
“The provisions of the Addenda do not provide for transitional provisions. As such, the amendment of the aforementioned statutes ought to be deemed to be based on anti-sexual consideration that the previous statutory penalty was excessive in light of the increase in the country of origin of forest products. Therefore, this shall be based on the amendment of the law after a crime under Article 1(2) of the Criminal Act.