The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal: The act of violating Articles 74(1)3 and 36(1) of the former Creation and Management of Forest Resources Act (wholly amended by Act No. 14987, Oct. 31, 2017; hereinafter “former Act”) was changed to imprisonment with prison labor for not more than five years or with a fine not exceeding 15 million won due to the amendment of the Act on Oct. 31, 2017; the statutory punishment was changed to imprisonment with prison labor for not more than three years or with prison labor for not more than three years or with a fine not exceeding 30 million won; this is not based on reflective consideration that the former statutory punishment was excessive; thus, it is still subject to the former Act at the time of the act with respect to the Defendant’s crime, and the decision of the court below is erroneous in the misapprehension of legal principles as to the creation and management of forest resources Act (Article 74(1)3 of the current Act).

2. Although the court below also asserted the same purport as the above reasons for appeal, the court below decided whether the statute of limitations expires based on the statutory punishment under Article 74(2)2 of the former Act, which is not the statutory punishment under Article 74(1)3 of the former Act, considering the reason for the amendment of the former Act stating that “the statutory punishment of the relevant crime is to be revised in compliance with the penal provisions of other similar Acts and equity,” compared to other similar acts, the amendment of Articles 74(1)3 and 36(1) of the former Act was excessive, and the fine was imposed based on reflective consideration that it was excessive.