The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. The decision of the court below on the gist of the grounds of appeal (7 million won of a fine) is too unhued and unreasonable.

2. Prior to the judgment on the ex officio decision-making prosecutor’s assertion of unreasonable sentencing, this paper examines ex officio.

According to the records, the defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. in the Daegu District Court's Ansan-dong Branch on February 14, 2013, and such judgment became final and conclusive on the 22th of the same month.

However, if there is a concurrent crime between the above crime for which judgment has become final and the above crime under the latter part of Article 37 of the Criminal Act, and there is a crime for which judgment among concurrent crimes has not been rendered under Article 39(1) of the Criminal Act, a sentence shall be imposed on such crime at the same time in consideration of equity in cases where the crime and the judgment

Nevertheless, the judgment of the court below, without reflecting such circumstances, determined the punishment, so the judgment of the court below is no longer able to be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is so decided as follows.

Punishment of the crime

On February 14, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. in the Daegu District Court's Ansan Branch, and the judgment became final and conclusive on the 22th of the same month.

Around January 2, 2012, the Defendant conspired with B, and around January 2, 2012, B, at the house located in Ansan-si, B, the Defendant cut the trees from the forest located in Ansan-si, without the permission of the competent authority, and made a request for the creation of farmland by doing flating work, and the Defendant accepted the proposal and made a request for the creation of farmland from 08:00 on January 10, 2012 to 08:0 without the permission of the competent authority.

2. From October 17:00 to KRW 6,537 square meters in the above forest, the form and quality of the mountainous district shall be changed by using equipment, such as digging machines, etc., and standing timber 684 cubic meters (total volume of 74.1 cubic meters), such as dive trees, which were located therein, shall be 684 square meters.