도시및주거환경정비법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that each act in the facts constituting the crime in the judgment of the court below is not subject to permission of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and it refers only to the violation of the National Land Planning and Utilization Act, not the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which applies to the facts charged at the time of the control by the public official in charge, and the defendant's act constitutes a minor act under Article 53 subparagraph 3 of the Enforcement Decree of the National Land Planning and Utilization Act, which is not illegal, thereby causing the crime in this case. Thus, the court below which found the defendant guilty
2. Article 5 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that acts prescribed by Presidential Decree, such as construction of buildings, installation of structures, change of the form and quality of land, gathering of soil and stones, division of land, piling-up of goods, etc., shall be subject to permission of the head of a Si/Gun, and Article 5 (2) 2
On the other hand, Article 13-4 (1) 2 of the Enforcement Decree of the above Act provides that "construction of structures: Installation of facilities produced artificially (excluding buildings under Article 2 (1) 2 of the Building Act)," subparagraph 3 provides that "the alteration of the form and quality of land by means of cutting, filling, leveling, paving, etc. of land: Alteration of the form and quality of land, excavation of land or reclamation of public waters" shall be subject to permission prescribed by Presidential Decree under Article 5 (1) of the above Act, and Article 13-4 (3) of the Enforcement Decree of the above Act directly used for the production of agricultural and fishery products under subparagraphs 1 through 5 of Article 5 (2) of the above Act due to the exception to permission under Article 5 (2) 2 of the above Act