beta
Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by imprisonment with prison labor for up to six months and by a fine of up to five million won.
Reasons
1. The gist of the grounds for appeal by Defendant A in part against Defendant A is that the punishment (two months of imprisonment, two years of suspended sentence, and five million won of fine) declared by the court below is too unreasonable. However, in full view of the various circumstances that form the conditions for sentencing specified in this case, the sentence imposed by the court below to Defendant A is too unreasonable, and thus, the above argument by Defendant A is not reasonable.
2. Defendant B did not submit the grounds of appeal within the lawful period for submitting the grounds of appeal, but the court below ex officio examined Defendant B, and the court below erred in the application of Article 74(1)3 and Article 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017; hereinafter “former Act”) (amended by Act No. 14987, May 1, 2018; hereinafter “former Act”) which is a law at the time of the act regarding the violation of the Creation and Management of Forest Resources Act among the criminal facts in this case against Defendant B, since the act is not a legal form that is lower than the former Act (amended by imprisonment with prison labor for not more than five years or by a fine not exceeding 15 million won) and applied Article 74(2)2 and Article 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 14987, May 1, 2018).
3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, Defendant A’s appeal is dismissed, and pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the part of the judgment below against Defendant B among the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the summary of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for adding the "Seopo-si" in the preceding paragraph of Paragraph 1 to "Seopo-si other than the preserved mountainous district."