The prosecutor's appeal is dismissed.

1. A criminal act has been terminated while the part extended by the defendant without reporting to the competent authority on the gist of reasons for appeal continues to be used;

Therefore, the statute of limitations for the violation of the Building Act due to the unauthorized extension is not completed.

The judgment of the court below that acquitted the facts charged in this case on the contrary premise is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. The lower court determined that the instant facts charged constituted a criminal act when the Defendant extended the part of each of the above sub-storys without filing a report on extension to the competent administrative agency in 2002, and extended the 34m2 and 109m2 in the instant factory “A”, “B” and “B” on the same building, and did not file a construction report on the use thereof until now.

As such, the statute of limitations (three years) imposed a acquittal on the charged facts of this case on the ground that the statute of limitations on the charged facts of this case was completed after December 31, 2005 at the latest.

B. Examining the reasoning of the lower judgment on the grounds of the judgment, closely and after comparing the records, the crime of violating the Building Act due to an extension without reporting is an immediate crime (see Supreme Court Decision 2011Do7149, Nov. 10, 201). Therefore, the lower court’s extinctive prescription of the instant facts charged, based on the circumstances stated in its reasoning, was completed.

The decision of acquittal is just and acceptable.

In so determining, contrary to the Prosecutor’s assertion, the lower court erred by misapprehending the legal doctrine.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is not accepted.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.