2. Determination

A. The instant case requires strict punishment for the Defendant in light of the following: (a) the Defendant’s multi-family house for three households without permission to repair or expand the multi-family house for eight households into a multi-family house for eight households; and (b) there is no installation of a parking lot accordingly; (c) the size of the crime is considerable and the nature of the crime is not easy; (d) the building itself may collapse if a building is illegally repaired or extended without permission; (e) the building may be vulnerable to fire; and (e) the crime of violating the Parking Lot Act may cause social problems due to a big shortage of parking lots in urban areas.

B. Meanwhile, there are extenuating circumstances, such as that the Defendant did not have been sentenced to previous punishment and imprisonment, confessions, and repents of errors, and that considerable number of multi-family houses nearby the time of the instant case increases the number of households through the so-called “the opening of a unit” system, and that the Defendant received illegal construction practices easily.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, living environment, details and consequence of the crime, and circumstances after the crime.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.