The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant was engaged in landscaping business for several years, the court below acquitted the defendant of this part of the facts charged, although it can be sufficiently recognized that the defendant had dolusent awareness of the fact that pine trees and scars trees recorded in this part of the facts charged are living in state forests through confirmation of cadastral map, etc.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant found the Defendant not guilty of this part of the facts charged on the ground that, from August 26, 2013 to August 27, 2013, the Defendant extracted and stolen 16 pine trees worth KRW 3,290,000 and KRW 8,000 from the place of origin in the Gyeong-gun E forest, a state forest, from around 200 to around August 27, 2013, as well as KRW 3,290,00.2) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the Prosecutor alone was insufficient to acknowledge that there was an intentional theft of pine trees from the Defendant at the time of extracting them, and there was no other evidence to acknowledge it. A) The Defendant, through G, did not easily distinguish the shape of trees adjacent to the Gyeong-gun, Gyeong-gun, the land boundary of KRW 350.

C. The defendant is above.