The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) Since the trees of this case (hereinafter “the trees of this case”) are planted by the land use right established by P Co., Ltd. (hereinafter “P”), the ownership of this case shall belong to P pursuant to the proviso of Article 256 of the Civil Act, and even if there is no distinction by separate method of name, etc., the ownership of this case shall be naturally transferred to F along with the transfer of the land ownership.

(2) The Defendant cut the instant trees on the premise that the ownership of the instant trees was reverted to Q Q Co., Ltd. (hereinafter “P”), which acquired the entire assets of the pertinent P, and this was not guilty on the ground that there was no intention, and even if the ownership of the instant trees still belongs to P, the Defendant’s aforementioned determination was made by mistake or mistake as to the identity of the property in the crime of damage.

If an error of another person's nature as above is considered as a mistake of fact, it constitutes innocence because it is a mistake of an element of a crime of damage and thus, constitutes a mistake of an element of a crime of damage. If a mistake of a law is viewed as a mistake of a law, the defendant is deemed to have a justifiable ground

(3) Nevertheless, on the premise that the ownership of trees in this case was naturally transferred to the victim F along with the transfer of ownership of the land in this case, the lower court found the Defendant guilty of the facts charged in this case on the ground that there was an intentional intent or illegality in the crime of causing property damage at the time of the instant case, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles (1).