The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor, including the public official D’s statement in the original trial of the public official in charge who directly examined C forest land (hereinafter “the instant forest”) at the time of settlement of mistake, it is evident that the part of farmland adjacent to the instant forest where the Defendant cut standing timber, which could be damaged by the damaged trees by the Defendant’s felling of standing timber, does not constitute a farmer’s death, and it is evident that the Defendant’s felling of standing timber, without permission from the competent administrative agency, could not be cut. However, the lower court erred by misapprehending the facts.

B. The lower court’s sentence against the Defendant of unreasonable sentencing (three million won) is too uneased and unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, Article 36(5) of the Creation and Management of Forest Resources Act, Article 43 subparag. 9 of the Enforcement Decree of the same Act, and Article 47(1)5 of the Enforcement Rule of the same Act, where the forest owner’s consent is cut (limited to the case where the distance from the outer boundary line of farmland or house to the standing timber is within a distance equivalent to a tree height) with respect to the forest or other damage caused by farmland or housing connected thereto, the defendant may cut standing timber without permission or report. Thus, in order to punish the defendant as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Forest), it is necessary to prove that the place of origin of standing timber except the sea trees cut out without permission is at least one million won, or that the forest damaged area is at least five thousand square meters, and that the forest damaged area is at least five thousand square meters due to the duly adopted and investigated evidence. The forest of this case is likely to be damaged by the forest of this case as part of the forest of this case.