The prosecutor's appeal is dismissed.

1. Although the Defendant’s act of reclaiming the instant land constitutes “change in the form and quality of land” as prescribed by the Act on Special Measures for Designation and Management of Development Restriction Zones, the lower court acquitted the Defendant of the instant facts charged, which erred by misapprehending the legal doctrine or by misapprehending the legal doctrine

2. Determination

A. The summary of the facts charged in this case is that the Defendant is the representative of CJ. Since around 2004, D Co., Ltd. (Representative E) and D Co. (Representative E), the owner of adjoining land, continue a water route dispute, and as such D returned the water route flowing from the company site to F, Yang-si, the forest owned by the clan, thereby suffering from flood damage, the Defendant, upon winning a favorable judgment that the said D would not interfere with the waterproof measures of the clan, around August 26, 2010, the Defendant filed a restoration lawsuit, and took measures to prevent water from drinkinging with the purport that the said D would not interfere with the waterproof measures of the clan, but again, the Defendant again suffered flood damage on August 26, 2011. In order to prevent the water route, the Defendant sold the water route to the same forest as the above woodland, and was able to close the ditches formed in accordance with the status of the clan.

On March 2012, the Defendant, without obtaining permission from the competent authority, changed the form of land of 160 square meters for the said ditch by putting 160 square meters of a ditch, which was formed in accordance with the current roads in Yangju-si, which is a development-restricted zone, into a dump truck and a knick, by using a dump truck and a knick, into the ground.

B. The lower court determined based on the record, that the following circumstances acknowledged by the record, namely, that is, the E, owned by the State, in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, changed the form and quality of land by newly constructing stone embankments and flating work on its own land in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, and that accordingly, water that can not flow into a ditch owned by the said State, is to the extent that rainwater flows down only next to the current state where it flows into F, a clan owned by the said State.