The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (2 million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the Prosecutor applied for the amendment of a bill of amendment to the Management of Mountainous Districts Act by changing the “201.4.4.4.” from among the facts charged against the Defendant, the date of the crime of violating the Management of Mountainous Districts Act to the “201.27.1.2006.” Since this court permitted this, the judgment of the court below cannot avoid reversal.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the above reasons, and the judgment below is

Criminal facts

The summary of the evidence and the facts charged by the Defendant and the summary of the evidence are as follows: “Around December 27, 2006,” which is the date of the crime of violation of the Management of Mountainous Districts Act among the facts constituting the crime in the judgment of the court below, shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where the Gwangju District Court’s “part of the Defendant’s court statement” in the summary of the evidence in the 2012 High-Ma356 cases as “the Defendant’s trial statement” is deemed as “the Defendant’s trial statement.”

Application of Statutes

1. Article 53 Subparag. 1 and the former part of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 8283, Jan. 26, 2007); Article 110 Subparag. 1 and Article 11(1) of the Building Act (amended by Act No. 8283, Jan. 26, 2007);

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

1. The crime of this case on the grounds of sentencing of Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse is either converted the mountainous district or newly constructed a building without permission of the defendant.