The defendant's appeal is dismissed.

1. A person who intends to engage in an act falling under the alteration of the nature of land in the facts charged shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor

Nevertheless, from May 2017 to June 2017, the Defendant filled up the average height of about 1.5 meters on a mountain road with a size of 30 square meters, without obtaining permission from B and 2 lots outside the mountain-gun, from the first police officer, from May 2017.

(hereinafter referred to as “instant banking”), thereby, the Defendant engaged in development activities without obtaining permission.

2. Summary of grounds for appeal;

A. Since the act of misunderstanding of facts and misunderstanding of legal principles did not affect the farming work of neighboring land, it does not constitute the act subject to permission for development activities under Article 56(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

3. Determination

A. On the grounds delineated below, the lower court determined that the instant banking act constitutes subject to permission for development activities under Article 56(1) of the National Land Planning and Utilization Act, on the following grounds.

① The instant banking is deemed to have filled up approximately 30 square meters at a height of 2 meters from the minimum of 50 cm to the maximum of 50 cm without obtaining permission from the relevant agencies on two lots, other than forest land B in Chungcheongnam-gun, Chungcheongbuk-gun, which is owned by the Defendant.

(2) According to Article 56 (1) 2 of the National Land Planning and Utilization Act, “the change of the form and quality of land for cultivation and prescribed by Presidential Decree” does not require permission. Article 51 (2) of the Enforcement Decree of the same Act provides that “the change of the form and quality of land for cultivation shall be made in the farmland for which the creation of a land for which the change