개발제한구역의지정및관리에관한특별조치법위반
The judgment below
The guilty portion against the defendant shall be reversed.
The defendant is not guilty.
1. Summary of grounds for appeal;
A. According to the evidence related to the prosecutor (misunderstanding of facts as to the acquittal portion), the defendant was found to have changed the form and quality of the land by selling a substantial part of the land in this case for the installation of a balone, and doing flat work. However, since the court below acquitted the defendant on this part of the facts charged, there is an error of law that affected the conclusion of the judgment
B. The Defendant’s act of establishing a prefabricated-type warehouse and a balll on the instant land constitutes a minor act that exceptionally provides that the Defendant shall not be punished under the Act on Special Measures for Designation and Management of Development Restriction Zones and relevant regulations.
Although the court below found the defendant guilty of this part of the facts charged, there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
2. Determination
A. We examine the prosecutor's appeal, and prohibit any alteration in the form and quality of land in a development restriction zone, which violates the purpose of designating a development restriction zone, such as preventing any disorderly expansion of a city, preserving the surrounding natural environment of the city, and securing the healthy living environment for urban citizens, and punish any alteration in the form and quality of land without permission. The alteration in the form and quality of land means the alteration in the form and quality of land due to cutting, filling-up, suspension, etc. of land, etc., and it is necessary to change the form and quality of land externally and in a situation where it is difficult to restore land to its original state due to such alteration (see, e.g., Supreme Court Decision 201Do2573, Jun. 10, 2003). In such case, the phrase " difficult to restore to its original state" does not require restoration to its original state practically impossible, but it is possible to restore land without any specific effort.