The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that the first argument that the Defendant did not comply with the order to reinstate the Nam-gu Office of Gwangju, Nam-gu.

However, the removal of steel reinforced concrete, etc. in accordance with the above order for restitution was in a situation where stone flows out and the falling under the next order cannot be prevented, and the Defendant is merely a failure to comply with the order for restitution in order to prevent such a situation. Therefore, since there are justifiable grounds for not complying with the above order for restitution, this constitutes a justifiable act.

(2) While the second Defendant is subject to criminal punishment for changing the form and quality of land on the land located in Nam-gu, Gwangju, by 16,974 square meters of forests and fields (hereinafter “instant land”) located in Nam-gu, Gwangju, for reasons of changing the form and quality of land by packing steel reinforced concrete and rocks, another punishment on the ground of failing to implement an order to reinstate the land is in violation of the principle of non-existence of interest.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of facts or misapprehension of legal principles on the first argument refers to the act that is permissible in light of the overall spirit of legal order, or the social ethics or social norms surrounding it, as a legitimate act that does not violate social norms. Whether a certain act constitutes a legitimate act that is not contrary to social norms, and thus, should be determined individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such legitimate act, the following requirements are satisfied: (i) legitimacy of motive or purpose of the act; (ii) reasonableness of means or method of the act; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of infringement; and (v) supplementary nature that there is no other means or method other than the act.