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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit or instruct each of the crimes stated in the facts charged of this case.
B. Legal principles (Article 1 of the Decree) are necessary for the extraction of pine trees that the Defendant created, and the report on temporary use of pine trees is deemed to be legal fiction due to permission for the extraction of pine trees. Therefore, it does not create a work without reporting.
C. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor for six months and one year of suspended execution) is too unreasonable.
2. Determination
A. According to each evidence of this case, the following facts are recognized.
On March 15, 2018, the Defendant purchased KRW 30,000 square meters of pine trees planted in the instant mountainous district, 900 square meters (hereinafter “instant permission area”) among the instant mountainous districts, from among the land owners of Cheongyang-gun C Forest Land 18,744 square meters (hereinafter “instant mountainous district”), as KRW 9,00,000,000,000, and obtained permission to extract 30,000 square meters of pine trees planted in the instant permission area, which was located within the instant permission area, from the Cheongyang-gun-Gun as the applicant for H, along with H on March 21, 2018.
On November 8, 2018, the Defendant sold KRW 30,000,000 to the purchase price of KRW 24,00,000.
A approximately 815 square meters of forest land (hereinafter “instant damaged area”) out of the instant permission was destroyed to create a work site without having been reported during the extraction work of pine 30 glus in accordance with the said permission, or 2 glus of pine trees were extracted out of the permitted quantity and area, and 9 glus of pine trees and glus were cut out.
B. In light of the following circumstances acknowledged by the evidence of each of the instant cases, the fact that the Defendant, without reporting, created work in the damaged area of the instant case, or extracted 2 gys of pine trees out of the permitted quantity and area, and cut down 9 gys of pine trees and gys of pine trees.
Therefore, it is true.