A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. The determination of whether the Defendant committed an illegal act is disadvantageous to the Defendant, such as the fact that the number of tree trees and damaged forest areas are not many, and that M is requested by the actual victim to suspend the removal of trees planted to the Defendant, and that the Defendant may already put his/her seal and equipment up and cause damage to the Defendant even though M is demanded to stop the installation of a brush.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is committing a crime, when it comes to the depth of the party, construction in accordance with the design execution plan after obtaining permission for restoration work for damaged forests from the Seocheon-gun, and making efforts to recover damage by depositing some damaged money, etc., the sentence of the court below is deemed unfair because it is too unreasonable in light of all the sentencing conditions, including the defendant's age, sexual conduct, environment, motive, means and consequence, and circumstances after the crime.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 73 (1) of the Act on the Creation and Management of Forest Resources (the occupation of theft of products), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of unauthorized felling of standing timber) concerning criminal facts, Article 55 subparagraph 2 of the Mountainous Districts Management Act, and Article 15-2 (2) of the Mountainous Districts Management Act (the temporary use of a mountainous district without reporting), and each decision of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the same Act (the crime of violating the Creation and Management of Forest Resources Act due to the theft of products of which punishment is the largest) shall be prescribed as concurrent crimes;