The guilty portion of the first judgment and the second judgment shall be reversed in entirety.

Defendant

A shall be punished by a fine of eight million won, the defendant.

1. Summary of grounds for appeal;

A. According to the evidence of the prosecutor (the non-guilty part of the judgment of the court of first instance), the court below found the non-guilty part of the facts charged, even if the facts charged were to be recognized as having been limited to 3,200 square meters of land exceeding 1,200 square meters recognized by the court below.

B. Defendants (each of the judgment below)’s punishment (each of the defendants A, a fine of four million won, and a fine of three million won for the defendant F) is too unreasonable.

2. Ex officio determination

A. The lower court sentenced Defendant A to each of the above fines after having completed the examination of the Defendant. The lower court sentenced Defendant A to each of the above fines.

The above defendants appealed against each judgment of the court below, and this court decided to hold a joint hearing of the appealed cases.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced pursuant to Article 38 (1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.

B. As to the facts constituting the crime of the first instance judgment against the Defendants, the former Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017; hereinafter “former Act”) was applied to the Defendants.

However, the Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017; hereinafter “new Act”) was enforced on May 1, 2018, which was prior to the pronouncement of the lower judgment.

Through the amendment of the above Act, the act of cutting standing timber, which was punished by imprisonment for not more than five years pursuant to Article 74 (1) 3 of the former Act or by a fine not exceeding 15 million won, was punished by imprisonment for not more than three years pursuant to Article 74 (2) 2 of the former Act or by a fine not exceeding 30 million won.

This seems to be an anti-sexual measure from the fact that the previous penal provisions are excessive, so the law after the crime of Article 1 (2) of the Criminal Code is committed.