건축법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. As to the primary facts charged by the prosecutor (misunderstanding of the facts, misunderstanding of the legal principles), the lower court found the above dance institute as a private teaching institute and acquitted the Defendant of the primary facts charged of the instant case, even though it is necessary to change the purpose of use under the Building Act in order to use the instant building permitted as a dance institute because the dance institute operated by the Defendant is amusement facility.
B. Defendant (misunderstanding of facts, misunderstanding of legal principles) ① Since the primary facts modified at the lower court and the ancillary facts charged are not recognized to be identical, permission to change the indictment by the lower court is inappropriate. ② As to the ancillary facts, it is not necessary to apply for change of the content of the building ledger because the dance institute operated by the Defendant constitutes a private teaching institute under the Act on the Establishment of Private Teaching Institutes, or even if necessary, even if the Defendant refused to apply for change, the lower court convicted the Defendant of the instant ancillary facts, which was erroneous in matters
2. Judgment on the grounds for appeal by the prosecutor
A. The owner and construction contractor who intend to change the use of the main charge of the instant case from the group of living facilities near the neighborhood to the group of cultural and assembly facilities shall obtain permission from the head of the competent Gu;
On January 3, 2012, the Defendant, without obtaining permission from the head of Seo-gu, Seo-gu, the competent head of the Gu, leased the fourth floor of the Daejeon-gu D building designated as a neighboring living facility from E, the owner of the building, and changed the use of the building by operating a dance dance institute corresponding to cultural and assembly facility group.
B. The lower court’s determination is that dance institutes are dance institutes under the Building Act, the purpose of the Building Act, the prior meaning of dance institutes, the relationship with the relevant legal provisions using the concept of dance institutes or private teaching institutes, and the Building Act.