The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Since the defendant's act of misunderstanding facts is to prevent damage caused by illegal dumping of nearby rest areas, it is a legitimate act that does not violate social rules.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it is sufficiently recognized that the defendant used the diversion of mountainous district by embezzling and flating work as stated in the facts constituting the crime in the judgment below.

Furthermore, we examine whether the above act of the defendant constitutes an act that does not violate the social rules.

"Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order, or the social ethics or social norms surrounding the act. Whether certain act is a legitimate act that does not violate social norms and thus, the illegality of the act is excluded should be determined individually and reasonably based on the concrete circumstances, and under the concrete circumstances, the following requirements should be met: legitimacy of the motive or purpose of the act; the reasonableness of the means or method of the act; the means or method of the act; the balance between the protected interests and the protected interests; urgency; and the supplementary nature that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 2004Do5628, Apr. 27, 2006). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the part of the lower court filled-up and minatedd (hereinafter “the instant forest”) is an important place for disaster prevention as a space in which rainwater is collected from a concentrated rain to flow through drainage, and the local roads and neighboring buildings are entered into the D tunnel if it is illegally filled-up.