Defendant

Defendant

Freeboard of leap

Attorney Lee In-bok et al.

Seoul District Court Decision 2002 Godan6393 Delivered on February 4, 2003

The part of the judgment of the court below against the defendant is reversed.

Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, the defendant shall be confined in a workhouse for the period calculated by converting 40,000 won into one day: Provided, That a fractional amount shall be one day.

1. Summary of grounds for appeal;

Although the Defendant is not the owner of the instant construction project, and the instant construction is not subject to the permission for design change under the Building Act, the lower court found the Defendant guilty on the ground that there is no credibility or lack of probative value.

2. Determination:

Before deciding on the grounds for appeal above, the court below's judgment cannot be maintained, since the prosecutor applied for changes in indictment at the time of the trial, and the party members permitted it and changed the object of the trial.

3. Conclusion

Therefore, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant shall be reversed, and the following judgment shall be rendered after pleadings.

The criminal facts of the defendant recognized by this court and the summary of the evidence thereof are the criminal facts of the court below. The defendant changed "the head of the association of the 20th floor above the 715th floor above the 715th floor above the Gangnam-gu Seoul, Gangnam-gu, and the 7th floor water 20th floor above the 715th floor above the Seoul, and the head of the association of the 7th floor water studyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy

1. Article applicable to criminal facts;

Articles 81(2), 79 subparag. 2, and 10(1) of the Building Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judges Yang Sung-hoon (Presiding Judge)