The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of five million won.

The defendant above.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed on the floor of the building that the defendant was permitted as a greenhouse to use as a warehouse of the clothing company operated by him by changing the form and quality of concrete, extended to the second floor, or newly constructed the toilet building and the container for warehouse, and the defendant did not comply with the corrective measures taken by the competent authorities, and was somewhat heavy in light of its form and quality, alteration of use, and size and degree of new construction, etc., which are disadvantageous to the defendant.

However, in light of the fact that the defendant's mistake is recognized and reflected, and that the court below completed the restoration of the original part of the changed and newly constructed part including the warehouse part owned by the co-defendant B of the court below for the first time, that there is no record of the same crime and there is no particular record of crime except the punishment of a small amount of fine twice due to the crime of double-class crime, and that there is no other criminal records, and that all of the sentencing conditions of the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive for the crime, and circumstances after the crime, are somewhat unreasonable, the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Criminal Facts, Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on the Selection of Punishment and Punishment, and the proviso to Article 12(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (U.S.)