The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant has cut the land beyond the area for which permission for development was obtained.

Dor, however, while the defendant cuts the ground within the area for which permission was obtained, the rocks unexpected at the time of permission appeared and cut in excess of the planned land area.

In addition, the case of cutting in excess of the planned area temporarily permitted according to the development conditions, etc. in the course of performing the construction work may occur frequently, and in such a case, the permission for the alteration of development activities is not required even.

x) Although cutting the Defendant’s act in excess of the planned area without obtaining permission for change of development activities due to on-site circumstances, it does not constitute a case where development activities are conducted without obtaining permission for change, the lower court convicted the Defendant of the facts charged in the instant case by misapprehending the legal doctrine.

B. The lower court’s sentence (six months of imprisonment, two years of suspended execution) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence and records duly adopted and examined by the court below and the court below as to the assertion of mistake of facts or misapprehension of legal principles.

㈎ 피고인은 2013. 11. 27. 화성시장으로부터 화성시 B 외 1필지 59,983m² 중 22,971m²에 관하여 개발행위허가를 받았다.

㈏ 피고인은 2013. 12. 말경부터 2014. 4. 초순경까지 위 B 외 1필지에서 개발행위변경허가를 받지 아니하고 위 허가내용과 달리 개발행위허가를 받은 지역 내 약 3,900㎡에 이르는 면적에 대하여 절토량 48,000㎥에 이르도록 계획지반고를 초과하여 절토하였다.

㈐ 화성시장은 2014. 4. 14.경 피고인의 위와 같은 과도한 절토에 대하여 화성서부경찰서장에게 고발하였고, 수원지방검찰청 검사는 2014. 5. 13....