산지관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the prosecutor’s appeal is that the Defendant already received a summary order of KRW 2 million for a violation of the Act on Special Measures for the Determination and Management of Areas subject to Development Restriction (hereinafter “Development Restriction Area Act”), and the Defendant recognized the fact that 7 additional Dongs, including containers, were newly built around the existing building after around B of 2012. The Defendant may be found guilty of the modified facts charged in full view of the evidence submitted by the prosecutor.
Nevertheless, the court below constructed a building as stated in the facts charged by the defendant after the date of the crime stated in the above summary order.
The judgment of not guilty on the ground that there is no evidence to determine a person is erroneous by mistake.
2. A prosecutor who ex officio reversed the facts charged in the instant case was at the trial of the party, and applied for the amendment of a bill of amendment to the indictment as stated in the facts charged below. Since this court permitted this, the judgment of the court below cannot be maintained as it is.
3. According to the conclusion, the lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the prosecutor, and the following is again decided after pleading.
Punishment of the crime
The Defendant is a person residing in Gwangju City who is designated as a development restriction zone. The foregoing land is a zone designated as a development restriction zone. The Defendant cannot construct buildings, change the purpose of use of structures, install bamboo and trees, change the form and quality of land, cut down bamboo and trees, divide land, or store goods in the development restriction zone. In certain cases, the Defendant may do such act with the permission of the Special Self-Governing City Mayor, the Special Self-Governing Province branch, the Special Self-Governing Province branch, the head of Si/Gun/Gu, and the head of Si/Gun/Gu. However, the Defendant did not obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province branch, the Special Self-Governing Province branch, the head of Si/Gun/Gu, and the Defendant did not obtain permission from the above C, which is a development restriction zone from October 2012 to February 2014.