2. Determination

(a) A person who intends to alter the form of land by cutting, filling, leveling, or paving the facts charged shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor

Nevertheless, in the process of constructing a new house in Jongno-gu Seoul Metropolitan Government around November 2013, the Defendant cut down the rocks of a maximum of 2.9m in width, 12.8m in length, and 37m in size without obtaining permission from the Mayor of Seoul Metropolitan Government.

B. The lower court determined that the evidence submitted by the prosecutor alone is insufficient to deem that the Defendant cut rocks without obtaining permission from the Seoul Special Metropolitan City Mayor, and that the Defendant was acquitted of the Defendant pursuant to the latter part of Article 325 of the Criminal Procedure Act.

C. Examining the evidence duly adopted and examined by the court below (the prosecutor applied for or did not submit additional evidence in the trial) and records, the court below’s aforementioned facts and circumstances recognition and judgment based thereon are justified. Thus, the prosecutor’s above assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.