The sentence of sentence against the defendant shall be suspended.

A. The decision of the court below which found the defendant guilty of the facts charged in this case is erroneous or misunderstanding the legal principles, which affected the conclusion of the judgment by misapprehending the legal principles, even though the defendant's use of the building in this case constitutes a justifiable act that does not violate the social norms, the decision of the court below is not erroneous.

B. The sentence (one million won of fine) imposed by the court below on the defendant is unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts or misapprehension of legal principles is reasonable to deem that if an administrative disposition was cancelled by an ex post facto administrative litigation procedure, the administrative disposition becomes retroactively effective at the time of the disposition, and that the administrative disposition became final and conclusive without any obligation to obey such administrative disposition (see, e.g., Supreme Court Decision 98Do4239, Feb. 5, 1999). However, even if an administrative disposition was unlawful, the effect of the administrative act without permission is not denied on the ground of its defect, except where there is a reason to deem the defect to be null and void as a significant and apparent defect, and even if the administrative disposition was unlawful, the validity of the administrative act cannot be denied unless the disposition is revoked (see, e.g., Supreme Court Decision 2006Da83802, Mar. 16, 2007). According to the evidence duly adopted and investigated by the court below, Defendant 1 and Yongsan-gu Housing on May 23, 2007 and his/her own land.