All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

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

B. According to the evidence submitted by the prosecutor (1) and the prosecutor, it is sufficient to acknowledge a theft of pine trees in the victim’s forest with dolusent intent.

Nevertheless, the court below rendered not guilty of this part of the facts charged, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

(2) The above sentence, which the court below rendered unfair sentencing, is too unhued and unfair.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged by the court below is as follows.

(1) On April 15, 2014, the Defendant, at around 08:00 on April 15, 2014, stolen two gone of the unclaimed trees owned by the victim under the market price, which was the victim’s possession, where the victim’s surveillance was neglected in another place in the forest owned by the victim F in Chungcheongnam-si, Chungcheongnam-si.

(2) On April 6, 2016, the Defendant committed the crime at around 08:00 on April 6, 2016, the Defendant: (a) cut off the victim’s U.S. pine trees on the market price owned by the victim, where the victim’s surveillance was neglected; and (b) cut off at the place described in paragraph (a).

B. According to the following facts acknowledged by the evidence duly adopted and investigated by the lower court, the lower court rendered a judgment that “the Defendant was guilty of the instant pine trees with the knowledge that it was the victim’s child, or that it was insufficient to recognize the intention of unlawful acquisition.” The lower court acquitted the Defendant.

(1) According to the evidence, the fact that the Defendant, upon request from G, was planted to the Defendant on April 15, 2014 and April 6, 2016 by digging out three girs located in E in Chungcheong City owned by the Victim F on April 6, 2016 is recognized.

(2) However, I will see that, while I would know that the above 3glue tree is another person's cattle, I would like to excavate the pine tree.