산림자원의조성및관리에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
As to the violation of the Creation and Management of Forest Resources Act against the Defendant, Article 73(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017) applies to the lower court. The foregoing provision provides that a person who steals the produce (including afforested seedlings) from a forest shall be punished by imprisonment for not more than seven years or by a fine not exceeding 20 million won.
Article 73(1) of the Creation and Management of Forest Resources Act (Act No. 14987) that was amended on October 31, 2017 and enforced on May 1, 2018 provides that a person who steals the produce (including planted seedlings) from a forest shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won (including planted seedlings). This constitutes a case where a statutory punishment is somewhat altered due to an amendment to a similar Act after the crime was committed, in accordance with a reflective consideration to comply with the penal provisions of the similar Act and the equality thereof.
Therefore, Article 73(1) of the Creation and Management of Forest Resources Act (Act No. 14987) shall apply to the violation of the Act on the Creation and Management of Forest Resources against the defendant pursuant to Article 1(2) of the Criminal Act. As such, since the violation of the Act on the Creation and Management of Forest Resources and the remaining parts are concurrent crimes under the former part of Article 37 of the Criminal Act and the sentence should be imposed, the remaining parts can no longer be maintained, and the judgment of the court below cannot be reversed in its entirety.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is again reversed, and the pleading is followed as follows.