국토의계획및이용에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Regarding the summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) violation of the National Land Planning and Utilization Act (unauthorized development act), the evidence submitted by the prosecutor is sufficiently recognized that the Defendant engaged in development activities, such as changing the form and quality of land, by developing land in the Si/Eup/Myeon, D, F, G, H, H, J, K, K, L, N, andO (hereinafter “each land of this case”), without obtaining permission for development activities as stated in the relevant facts charged, from May 1, 2017 to his/her lower police officer from August 2017, without obtaining permission for development activities as stated in the relevant facts charged.
Nevertheless, the lower court, based on the building report filed between January 2018 and February 2 of the same year after the time of changing the form and quality of each of the instant land, obtained permission to engage in development activities for each of the instant land.
As there is room to see this part of the facts charged, the court below erred by misapprehending the legal principles or misunderstanding the facts.
2. Determination
A. Summary of the facts charged 1) The Defendant violated the National Land Planning and Utilization Act (unauthorized development activities) without obtaining permission from a competent authority for development activities, from May 1, 2017.
8. From each land of this case to the lower patrolmen, the form and quality of the land was changed by making the land to be created as a site by using digging machines, etc. from each land of this case, and the development activities was performed by installing structures, such as piling up stone on the surface of the above land, piling up retaining walls on the access road, and piling up the retaining wall on the access road.
2) The Defendant violated the National Land Planning and Utilization Act (development activities without permission for change) did not obtain permission for change of development activities from the competent market, and obtained permission for development activities to dispose of the original areas of the land from the Si/Gu/Eup/Myeon, E, I, and M in the same manner as Paragraph (1). However, the Defendant installed a structure by piling up the stone embankment in the surrounding areas of the land without permission in the above way, and performed development activities.
B. The lower court’s judgment is based on its stated reasoning.