All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts is the Defendant’s forest land B in Seongbuk-gu, Sungnam-gu (hereinafter “instant forest land”).

2) In order to prevent damage to the surrounding residents due to the flow of soil, the Defendant performed the instant construction work in order to prevent the damage to the surrounding residents without permission, but did not obtain permission, and the construction work was carried out in a way that it is easy to restore the land to its original state, such as piling up natural rocks, covering the floor, and not expanding the road. Nevertheless, the lower court found that the Defendant changed the form and quality of the land without permission was guilty. 2) In so doing, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged.

Therefore, even if the defendant did not obtain permission, it does not violate the social rules, and the illegality is excluded.

B. Prosecutor 1) The head of Seongbuk-gu Seoul Special Metropolitan City Council issued a corrective order on April 15, 2013 to the Defendant (hereinafter “instant corrective order”) by mistake of facts and misapprehension of legal principles.

B B Before unloading, a public official belonging to the Seongbuk-gu Office of Seongbuk-gu is the land owned by the Defendant, and the land D (hereinafter “instant land”).

The defendant was involved in the field investigation, and the public official in charge was notified that the defendant should restore the content of the violation and the restoration to the original state.

Considering the above circumstances, the instant corrective order is lawful as it was issued after giving the Defendant an opportunity to present his opinion.

Nevertheless, the judgment of the court below which acquitted the Defendant on the ground that the corrective order of this case was unlawful on the ground that this part of the facts charged was not a crime.

In the statement of grounds for appeal.