The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

However, from the final date of this judgment.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The grounds for appeal ex officio are examined ex officio before the judgment is made.

The lower court applied Articles 74(1)3 and 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 14897, Oct. 31, 2017; hereinafter “former Forest Resources Act”) with respect to the violation of the Creation and Management of Forest Resources Act (unauthorized cutting of standing timber) among the facts charged in the instant case.

However, Article 74(1)3 of the Creation and Management of Forest Resources Act (amended by Act No. 14897, Oct. 31, 2017; hereinafter “The Forest Resources Act”) deleted Article 74(1)3 of the former Forest Resources Act, and Article 74(2)2 of the same Act (limited to the addition of the former Special Self-Governing City Mayor and the Special Self-Governing Province Governor to the existing constituent elements) defines the same (only the addition of the former Special Self-Governing City Mayor and the Special Self-Governing Province Governor) as imprisonment with prison labor for not more than three years or a fine not exceeding 30 million won, and there was no transitional provision

Therefore, it is reasonable to view that the amendment of the statutes is based on the reflective consideration that the previous statutory penalty is excessive.

Of the facts charged in the instant case, the violation of the Creation and Management of Forest Resources Act (unauthorized cutting of standing timber) applies to the trial method pursuant to Article 1(2) of the Criminal Act because the punishment following the revision of the former Act fell under the light of the former Act, and thus, the relevant part of the judgment below that applied the former Act should be reversed as it is difficult to maintain any further

3. The decision of the court below should be reversed regarding the violation of the Creation and Management of Forest Resources Act (unauthorized cutting of standing timber), and the court below should consider the remainder of the part as concurrent crimes under the former part of Article 37 of the Criminal Act.