The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The appellate court may decide ex officio on the grounds that affect the judgment, even if the grounds for appeal are not included in the grounds for appeal, so if the defendant appealed only on the grounds of mistake of facts, the appellate court may reverse ex officio the judgment of the first instance on the grounds of unfair sentencing, and determine a minor sentence than

(See Supreme Court Decision 90Do1021 delivered on September 11, 1990). The Defendant appealed only on the ground of mistake of facts, but withdrawn the assertion of mistake of facts in the trial.

As the appellate court may decide ex officio on the issue of unfair sentencing, the appellate court may decide ex officio on the issue of whether to impose an unfair sentencing, taking full account of various circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, method and method of the crime, circumstances after the crime, etc., and the sentencing of the court below is somewhat heavy, considering the following: (a) the defendant withdraws his assertion of mistake in the case of this case; (b) the defendant made a confession of the crime of this case; (c) the restoration to the original state of cut state-owned land was made at the court below; (d) the defendant additionally cut with B; (e) the level and degree of punishment against the accomplice B; (e) the level and degree of punishment against the accomplice; and

2. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[C] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that the Criminal facts recognized by the court as stated in the summary of the criminal facts and the summary of the evidence and the summary of the evidence are the same as the stated in the judgment of the court below, except where “1. Defendant’s trial statement is added to the summary of the evidence.”

Application of Statutes

1. The relevant Article of criminal facts and the former Mountainous Districts Management Act, which is amended by Act No. 14361, Dec. 2, 2016; and is enforced on June 3, 2017.