The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the instant facts charged, cut standing timber as stated in the instant facts charged, this constitutes a self-help and thus, the illegality is excluded.

B. The punishment of the lower judgment that was unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. Determination of the assertion of self-help as to the assertion of self-help under the Criminal Act

The term "if it is impossible to preserve a claim in accordance with the legal procedure, it refers to an act to avoid the impossibility or significant difficulty of its execution (see Supreme Court Decision 2005Do8081, Mar. 24, 2006, etc.). In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's act cannot be deemed as an act of self-help dismissed under the Criminal Act. Thus, the above assertion by the defendant is without merit.

(1) The defendant cut trees for repair and protection of the roof of a temple in the depth of a party.

However, the investigative agency made a tree cut, as described in the facts charged in this case, because the tree dries a large number of sunbeams, so that the temple is too likely to grow up.

was stated.

(2) The defendant cut trees for repairing and protecting the roof of a temple.

Even if the above circumstance alone does not constitute a case where it is impossible for the defendant to preserve his claim through the legal procedure.

B. In full view of the following: (a) the instant crime of determining the illegality of sentencing is deemed to have cut standing timber without the permission of the competent authority; (b) the nature of the instant crime is not weak; (c) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment; and (d) other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age, character and character environment, and circumstances before and after the commission of the

Therefore, the defendant-appellant.