The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act of misunderstanding the facts and misunderstanding the legal principles constitutes “the act of filling-up and piling-up of stone in the area of 1,834 square meters prior to C in Namyang-si (hereinafter “instant land”) and not as permitted under the proviso of Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”), but as prescribed under Article 19 subparag. 8 of the Enforcement Decree of the Development Restriction Zone Act, the act constitutes “the act of installing an embankment, retaining wall, erosion control facilities, etc. to prevent or restore ground collapse or other disasters” under Article 12(3) of the Act, and thus, reporting and reporting thereon to the competent authority pursuant to Article 12(3) of the Act.

However, rather than intentionally failing to implement the reporting procedure, the Defendant: (a) requested the design office to perform the reporting procedure by proxy on May 2016; and (b) however, it was inevitable to delay the procedure; (c) caused the instant land to embling work and piling up stone festivals on June 5, 2016; and (d) completed the reporting procedure on October 10, 2016, the Defendant did not have any intent to change the form and quality of land in violation of the development restriction zone law.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment, 2 years of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. Determination

A. According to Article 12(1) main text and proviso of Article 12(1)4 of the Act and Article 12(4) of the Act, in principle, a development-restricted zone is prohibited from changing the form and quality of land in a development-restricted zone. However, in cases of changing the form and quality of land that does not result in construction of a building and thus for farming purposes, the act can be performed exceptionally with permission from the competent authority. Notwithstanding Article 12(3) of the Act and Article 19 subparag. 8 of the Enforcement Decree of the same Act, “the ground collapse or its ground collapse.”