The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant created a housing complex around the land indicated in the facts charged in the instant case (hereinafter “instant land”). Since two or more continuous lines exist around the instant land, the risk of disaster, such as landslides, etc., was significantly high unless a person does work to prepare for the horse iron, and thus, the Defendant immediately started landslide prevention work because there was no time to obtain permission to convert mountainous district in order to prevent such occurrence. This constitutes a legitimate act or an act of escape under the Criminal Act, and thus, the illegality is dismissed.

Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The "act which does not violate social norms" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate social norms and thus, it should be judged individually by considering the specific circumstances and on the basis that it should be determined individually. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2005Do4688, Sept. 30, 2005).