2. Determination is recognized that the defendant recognized the crime of this case and reflected it, that the mountainous district of this case is owned by the defendant, that the defendant is the primary offender, and that the defendant is not good in health.

However, in light of the period, method, and content of the crime, etc. of this case, the crime of this case is deemed to have been cut down for a long time from January 2009 without permission by the defendant, and the liability for the crime of this case is not easy in light of the period, contents, etc. of the crime, the mountainous district used without permission has not been restored to its original state, and there is no change in circumstances that could change the punishment of the court below, and other factors on the records and the theory of change, such as the defendant's age, sexual behavior, motive and circumstance leading up to the crime, means and consequence, the situation before and after the crime, etc., the court below's punishment is too excessive and it is not deemed unfair (Article 75 (1) and (2) of the Creation and Management of Forest Resources Act provides that forest products related to the crime of Article 74 (1) 3 of the Creation and Management of Forest Resources Act shall be confiscated, and if it is impossible to confiscate it, the equivalent value thereof shall be collected.

Nevertheless, the court below erred by misapprehending the legal principles on necessary confiscation and collection, but in this case where only the defendant appealed, the court below cannot render a new sentence of confiscation and collection in accordance with the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act. Thus, the above illegality does not affect the judgment, and thus, it does not reverse the judgment of the court below on the ground that it does not affect the judgment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.