The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for one year, and for 10 months, and for Defendant B.

The act of misunderstanding the substance of the grounds for appeal or misunderstanding the legal principles, Defendant A’s unauthorized excavation and theft of pine trees is a single crime committed by Defendant A, and Defendant B and C did not conspired with Defendant B and C.

Defendant

B The Defendant et al. did not know that he et al. were recovered from pine trees under the direction of Defendant A, but did not conspired with Defendant A and C to commit a crime.

Defendant

C Defendant C is in the position of a joint principal offender who has conspiredd with Defendant A, and B for a crime, regardless of the fact that Defendant C can be seen as a paper offender, since Defendant C only purchased pine trees without confirming whether to permit the extraction of digging in trust with Defendant A.

shall not be deemed to exist.

The punishment sentenced by the court below to the defendants (Defendant A: Imprisonment of one year and eight months, Defendant B, and C: Imprisonment of one year and one year and six months) is too unreasonable.

Judgment

Before determining the grounds for ex officio appeal, the lower court ex officio applied Articles 9(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016; hereinafter “former Act on the Aggravated Punishment, etc.”) with respect to the Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) among the facts charged in the instant case, and Articles 73(1), 74(1)3, and 36(1) of the Creation and Management of Forest Resources Act and Article 30 of the Criminal Act. However, if the organic area of the specific crime is below KRW 50,000,000,000,000 or exceeds KRW 50,000,000,000,000,000,000 won, it shall be punished by imprisonment for a specific crime under Article 13717 of the Act (hereinafter “Aggravated Punishment, etc. of Specific Crimes”).

The provision " shall be two years where the place of origin of forest products is at least 10 million won but less than 100 million won, or where the area damaged by the forest is at least 5,000 square meters but less than 50,000 square meters.