The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal 1) Article 47(1)3 of the Enforcement Rule of the Creation and Management of Forest Resources Act (hereinafter “the instant rule”) of the misunderstanding of facts and misunderstanding of legal principles can cut standing timber within 10 cubic meters per annum without permission of the competent administrative agency.

The Act stipulates.

This is a single person under the calendar law.

1. From January 1 to December 31, 198, “A parcel” should be interpreted as allowing voluntary felling of 10 cubic meters in cubic meters.

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Inasmuch as the Defendant voluntarily cut down 18.43 cubic meters over two years before December 31, 2015, and January 1, 2016, 18.43 cubic meters, namely, i.e., 9.215 cubic meters from 18.43 cubic meters (=/2 meters from 18.43 cubic meters) and thus, it does not deviate from the annual permit for voluntary felling as prescribed by the instant rules.

2) The punishment sentenced by the lower court (7 million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.

However, there is a ground for ex officio reversal, but the defendant's mistake and misapprehension of the legal principles still present in this court.