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The prosecutor's appeal is dismissed.
Reasons
1. According to the statement of the second protocol of interrogation of the suspect against the defendant in the summary of the grounds for appeal, the court below found the defendant guilty of the charges of this case on the following grounds: "The defendant stated that "I am aground on the part of 7 years left alone and collapseed, no windows were installed, the floor was damaged, the wall was left, the wall was left," and "I am aground on the part of the wall, the wooden pole was connected to 2 aground in order to see the roof, and the roof materials of juries were finished so as not to see the roof." In light of the fact that the defendant stated that "I am aground, the building remains only in the wall, no windows were installed, and the building was newly constructed under the condition of lapsing the roof," the court below found the defendant guilty of the charges of this case.
2. Determination
A. The summary of the facts charged is the owner of the 328.3 square meters of land site and the 72 square meters of a single-story house, which is a 72 square meters of land. The Defendant did not file a report with the head of Gin-si Office, Gin-si, Gin-si, Gin-si. On April 2008, he stored a prefabricated-type board with a prefabricated-type board, built a wooden pole and a beam, and newly built a single-story building (72 square meters of land) by inserting a roof mold.
B. According to Article 2(1) Subparagraph 8 of the former Building Act (Act No. 8974, hereinafter the same), the lower court determined that the term “building” means newly constructing, enlarging, remodeling, reconstructing, or relocating a building; under Article 2 Subparag. 3 of the Enforcement Decree of the Building Act, the term “renovation” means to remove all or part of an existing building (including three or more of bearing walls, columns, beams, and roof trusses) and to reconstruct a building on the site of the existing building within the same size as that of the previous building. In other words, the following circumstances recognized by the Defendant’s legal statement and evidence submitted by the Prosecutor, which are: