The defendant shall be innocent.

1. The Defendant is a coffee E with D located in Gwangjin-gu Seoul Special Metropolitan City, which was designated as an aesthetic district.

Any person shall install structures, fences, stairs, parking lots, fireproof teams, and other similar business facilities by leaving the construction line at least three meters from the boundary line of a fine view district.

Nevertheless, during the period from July 7, 2014 to July 13, 2015, the Defendant, in violation of this, installed and operated water without permission, which obstructs the floor of 3 meters wide and 5 meters long outside the above E burial.

2. Determination

A. The Defendant and his defense counsel asserted that the coffee E (hereinafter “the instant coffee specialty”) in Gwangjin-gu Seoul Special Metropolitan City was transferred to another person. At the time of the above transfer, the Defendant was installed with a water that obstructs the floor indicated in the facts charged (hereinafter “in the instant obstacles”).

Therefore, the Defendant did not have any fact of “construction” or “construction” of the instant obstacles. Therefore, there is no constituent element regarding the prohibition regulations.

Article 37 (Designation of Land Planning and Utilization District) (1) The Minister of Construction and Transportation, the Mayor/Do Governor, or the Mayor of a large city shall determine the designation or alteration of any of the following use districts by an urban or Gun management plan:

(2) Except as otherwise expressly provided for in this Act or other Acts, matters concerning restrictions on the use, type, scale, etc. of buildings and other facilities in districts for use designated pursuant to Article 37 may be prescribed by municipal ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing Province, Si, Gun, or Gun in accordance with the standards prescribed by Presidential Decree, in order to maintain fine views;

Article 133 (Disposition against Violators of Acts, etc.) (1) The Minister of Construction and Transportation, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall be any of the following persons: