beta
Text
The defendant's appeal is dismissed.
Reasons
1. A structure newly built by the Defendant, a summary of the grounds for appeal, does not constitute a temporary structure under Article 20(2) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “the former Building Act”) because the said structure cannot be deemed a farmland shed or forest manager for the full-time use of growing crops in forest and field.
In addition, Article 12(2) and Article 12(3)2 of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter “former Mountainous Districts Management Act”); Article 12(1)2 of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 2550, Aug. 12, 2014; hereinafter “former Enforcement Decree of the Mountainous Districts Management Act”); Article 12(1)3 and Article 15(2) and (3) of the former Mountainous Districts Management Act and Article 15-2(3) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 201; hereinafter “former Mountainous Districts Management Act”); Article 18(2) and 18-3(4) of the former Enforcement Decree of the Mountainous Districts Management Act / [the same shall not apply to Mountainous Districts subject to reporting under subparagraph 3(b) of the attached Table 3].
Nevertheless, the judgment of the court below which pronounced guilty against the defendant is erroneous in the misapprehension of legal principles and affected by the judgment.
2. Determination
A. Although a person who intends to build a temporary building for the purpose as prescribed by the Presidential Decree of the substance of the facts charged should commence construction after reporting to the Mayor, etc. in accordance with the retention period, installation standards, and procedures, the Defendant newly constructed a container warehouse facility with a size of 23.45 square meters in Seo-gu, Seoul Special Metropolitan City (hereinafter “the instant structure”) around 2013.
(b) as shown in the attached Form of the relevant regulations.
(c)
The Defendant is determined by the lower court.