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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Anyone who intends to engage in development activities under the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of

Nevertheless, from March 18, 2016 to May 2016, the Defendant installed a retaining wall with a height of 3.8m high from Hongcheon-gun B, Hongcheon-gun without obtaining permission for the number of Hongcheon-gun, and cut the retaining wall with a height of 3.8m high.

In this respect, the defendant did not obtain permission from the head of Si/Gun, install structures and alter the form and quality of land.

Summary of Evidence

1. Partial statement of the defendant;

1. C's voluntary statement;

1. Application of Acts and subordinate statutes to each accusation, land register, on-site photographs, ground plans of retaining walls, site safety inspection results, and written notification of the results of safety inspection;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 1 and 2 of the Act on the Planning and Utilization of National Land Planning and Utilization, and Selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Height of the retaining wall;

A. According to Article 119(1)5 of the Enforcement Decree of the Building Act, if the height of the retaining wall installed by the Defendant (hereinafter “the retaining wall of this case”) is seen as the ground surface as “average horizontal plane” under Article 119(1)5 of the Enforcement Decree of the Building Act, the height of the retaining wall installed by the Defendant is at least 1.4 meters, and even based on the construction area, the average height is at least 38.95 square meters in length, and the average height is at least 1.9475 square meters in length, and it cannot

B. Determination of the instant retaining wall is “a retaining wall to create a building site” under Article 83(1) of the Building Act, and Article 84 of the Building Act applies mutatis mutandis to the method of calculating the height of a building pursuant to Article 83(3) of the Building Act. According to the main text of Article 119(1)5 of the Enforcement Decree of the Building Act, the height of the building is, in principle, from the ground to the top of the building.