The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, there was a fact that the Defendant, by mistake of fact, extracted trees at the location indicated in the facts constituting the offense of the lower court at the time, but at the time extracted trees are only three weeks, and purchased the said trees from F, the victim’s f, and then paid the price.

Therefore, the Defendant stolen four major trees.

The judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3.5 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On May 2015, the Defendant: (a) during the dry field of trees managed by the victim E located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant: (b) cut off four glue trees from the market value of the victims planted therein; and (c) ten glue trees from the market value of the victims planted therein.

B. In determining the credibility of a statement after the first instance court of the relevant legal doctrine conducted a witness examination procedure, the victim’s side F of the victim’s assertion that larceny is not established. 1) In order to determine the credibility of the statement, not only is it consistent with the reasonableness, logical contradiction, or empirical rule of the content itself, but also with the witness evidence or a third party’s statement, such as the appearance or attitude of the witness who is in the witness’s statement in the open court after being sworn before a judge, and the penance of the statement, etc., which is difficult to record in the witness examination protocol, such as the witness’s appearance or attitude, and the penance of the statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol as a matter of principle. Thus, the witness at the time of statement that can be called one of the most important factors in determining credibility of the statement.