The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (2 million won in penalty).

2. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

The lower court applied Article 108(1) of the Building Act to a violation of the Building Act as indicated in its holding.

However, Article 108(1) of the current Building Act provides that the statutory penalty is “a imprisonment with prison labor for not more than three years or a fine not exceeding KRW 500 million.” Thus, with respect to a violation of the Building Act, which was held by the Defendant prior to the enforcement of the current Building Act, the former Building Act (wholly amended by Act No. 12701, May 28, 201; hereinafter referred to as the “former Building Act”) that provides for “a statutory penalty for a violation of the Building Act committed by the Defendant shall be applied by the law at the time of the act.”

In addition, the court below applied Article 53 subparagraph 2 of the Urban Park and Greenbelts Act to the violation of the Act on Urban Parks, Greenbelts, etc. in its holding.

However, Article 53 of the current Urban Park, Green Areas, etc. Act provides that the statutory penalty is “a imprisonment with prison labor for not more than one year or a fine not exceeding ten million won.” As to the violation of the Act on Urban Park, Green Areas, Etc., which the Defendant committed prior to the enforcement of the current Act on Urban Park, Green Areas, Etc., the former Urban Park, Green Areas, etc. Act (wholly amended by Act No. 12977, Jan. 6, 2015; hereinafter “former Urban Park, Green Areas, etc.”) that stipulates that the statutory penalty is “a imprisonment with prison labor for not more than one year or a fine not exceeding five million won.”

In this respect, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment below is reversed, and it is again followed after pleading.