특정범죄가중처벌등에관한법률위반(산림)
The defendant's appeal is dismissed.
Since the Defendant, by mistakeing the summary of the grounds for appeal, renounced his/her authority to extract pine trees on the Lane of Gangwon-do, Gangwon-do, around September 201, the Defendant committed an act of cutting pine trees in and near the above woodland and its surrounding area is irrelevant to the Defendant.
The sentence of the court below's improper sentencing (10 months of imprisonment) is too unreasonable.
Judgment
In fact, the following circumstances revealed in the records of the instant case, namely, ① the witness I of the lower court, who actually carried out the excavation of pine trees at the place where the instant crime was committed, instructed the Defendant, who was introduced through B, to do so, to do so, while the Defendant was permitted to do so as to do so, as well as to pine trees located in G (hereinafter “the instant pine trees”) in Gangwon-do, by guiding him/her at the place where the pine trees are to be excavated.
The defendant stated that he was also aware of the fact that the place of excavation was announced to I, and therefore, I ultimately extracted the pine trees in this case in trust of the defendant's explanation.
It is inevitable to view that: (a) the Defendant renounced the right to exploit the instant pine trees at the time of the instant crime; (b) there is money to be received from B; (c) so, the Defendant is not responsible for the instant crime; (d) however, regardless of the existence of the right to exploit the said pine trees, if the Defendant let I, regardless of whether he was authorized to do so, do not have to be deemed the subject of the instant crime; and (c) the Defendant, instead of selling the instant pine trees to J in terms of KRW 20 million, paid the instant pine trees in lieu of the payment for the instant pine trees. However, even according to the assertion, the Defendant was unable to receive KRW 20,00,00 if he did not recover the instant pine trees, as long as he did not receive KRW 20,00,000,000 from J, the Defendant is sufficient motive and incentive to have I excavate the instant pine trees; and (d) the Gangwon-do group with the instant pine trees.