1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 1,000,000.

3. The above fine shall be imposed on the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 1,500,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by authority, prior to the judgment on the above grounds for appeal by authority, the Prosecutor applied for changes to the contents of “from October 30, 2012 to “from January 26, 2013” in paragraph (2) of the facts charged in the instant case, and the subject of the judgment by this court was changed upon permission, and thus, the judgment of the court below was no longer maintained.

3. If so, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the gist of the evidence acknowledged by the court below is identical to the corresponding column of the judgment below, except for changing the facts constituting an offense from October 30, 2012 to “from January 26, 2013” under Article 369 of the Criminal Procedure Act, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to the facts constituting an offense, subparagraph 2 of Article 58, Article 36 (1) of the Farmland Act that has the option to impose a penalty, and Article 56 (1) of the same Act (the use of farmland for another purpose without permission for temporary use), subparagraph 3 of Article 58 and Article 40 (1) 1 of the Farmland Act (the use of farmland for another purpose without approval and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 가납명령 형사소송법 제334조 제1항 양형의 이유 피고인이 동종범죄로 벌금형으로 처벌받은 전력이 있는 점, 이 사건 범행은 피고인이 농지를 승인 없이 전용허가 받은 내용과 다른 용도인 정육점과 식장으로 사용하거나 타용도 일시사용허가 없이 쨈딸기 작업장으로 일시사용한 것으로 그 죄질 및 범정이 가볍지 아니한 점, 한편 피고인이...