All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor (as to the acquitted part - the innocent part) is a “forest” as prescribed by the Creation and Management of Forest Resources Act when based on the satellite, field photographs, etc. attached to the de facto survey document, etc., for which the Defendant extracted from 1g of pine trees without permission around October 2012.

Nevertheless, the court below found the defendant not guilty of this part of the facts charged on the ground that there is insufficient evidence to view that the place where the defendant extracted pine trees corresponds to "forest", and thus there is an error of law that affected the conclusion of the judgment by misunderstanding

B. The Defendant (unfair punishment) sentenced by the lower court is too unreasonable as the penalty (limited to a fine of six million won) is too unreasonable.

2. Determination

A. On October 2012, the Defendant extracted 3,802,000 c. 1 g. from the Sung-gun, Sung-gun, Seongbuk-do without permission around October 2012. 2) The lower court determined that there was no proof of crime on the grounds of the following relevant provisions and the relevant judgment based thereon, and sentenced the Defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. Article 74(1)3 of the Creation and Management of Forest Resources Act provides that “a person who fells standing trees, etc. without permission from the head of a Si/Gun/Gu or the head of a regional forest office in violation of Article 36(1) shall be punished by imprisonment for not more than five years or by a fine not exceeding 1,500,000 won.”

The main sentence of Article 36(1) of the same Act stipulates, “Any person who intends to cut standing timber or extract or gather forest products within a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry

"Forests" in subparagraph 1 of Article 2 of the same Act means any of the following forests:

provided that farmland, grassland, and ..