산림자원의조성및관리에관한법률위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) The lower court: (a) even though the Defendant could cut the standing timber only from 134.33 cubic meters of total 447.74 cubic meters of total standing timber, which amount to 30% of total 447.74 cubic meters of 134.3 cubic meters of 281.20 cubic meters of 286.87 cubic meters of 281.20 cubic meters of 134.3
However, the Defendant was punished by 223.87 cubic meters (i.e., 447.74 cubic meters x 50%) out of the total number of standing timber 447.74 cubic meters (i.e., 223.87 cubic meters - 134.33 cubic meters).
2) In addition, the lower court recognized the market price of the excessively cut standing timber as 56,770 won/metres, but in fact, it is limited to 26,00 won/metres in cubic metres. 3) The Defendant spent KRW 1,521,00, 3,042,00, 1,404,00 in transportation expenses, and KRW 5,967,00 in total, which shall be collected from the value of forest products to be collected.
B. The sentence of the lower court (an amount of KRW 3 million, an additional collection of KRW 8,337,809) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the registration of the standing timber that the defendant exceeded the standing timber, the public officials G in the Nam-si forest and public officials G belonging to the Namwon-si, on April 8, 2015, the defendant cut and worked for the cutting of the standing timber.
After being selected as 4 places (0.04 square meters each area of each land of this case hereinafter referred to as "each land of this case") in Namwon-si D and E (hereinafter referred to as "each land of this case") to verify daily timbering and survival trees, the registration of felling and survival trees was calculated according to the light of each trees and the height of each trees (the height of trees), and the total number of the registered members of the cut trees of four places (0.16 square meters of the total area) marked as a result of calculation was 14.06 cubic meters, the total number of the registered members of survival trees was 7.6 meters, and 7.6 meters, 200 square meters, G was selected to the extent that the area of each land of this case fell relatively much in quantity and the area where the smaller quantity was cut on April 10, 2015, and 3rd Defendant was the police on April 10, 2015.