The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant had no intention to commit an act of development without permission because he was aware of the fact that the instant stone shed was not subject to permission.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. The facts charged of this case’s ex officio determination is based on the premise that the Defendant’s piling-up of stone does not constitute “minor acts exempt from permission” as prescribed by Article 56(4)3 of the National Land Planning and Utilization Act (hereinafter “Act”) and Article 53 subparag. 2(a) of the Enforcement Decree of the Act, and is an act subject to permission for development pursuant to Article 56(1) of the Act. Before determining the Defendant’s grounds for appeal, whether the Defendant’s piling-up of stone constitutes an act subject to permission for development pursuant to Article 56(1) of the Act or constitutes “minor acts exempt from permission” pursuant to Article 56(4)3 of the Act and Article 53 subparag. 2(a) of the Enforcement Decree of the Act.

(a) A person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as "development activities") under Article 56 (Permission for Development Activities) of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun (

Provided, That this shall not apply to acts performed under an urban or Gun planning project.

1. Construction of buildings, or installation of structures;

2. Changing the form and quality of land (excluding changing the form and quality of land prescribed by Presidential Decree for farming).

3. Gathering soil and rocks;

4. Partition of land (excluding the partition of a site on which a building is located);

5. One month.