The defendant shall be innocent.

1. The Defendant is the owner of a building in Seo-gu, Seoyang-gu, Busan, Seoyang-si.

Any person who intends to erect a retaining wall, chimney, advertising tower, high-rise water tank, underground shelter, or any other similar structure specified by Presidential Decree, shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, on September 21, 2018, the Defendant did not report to the competent authority on September 21, 2018 and constructed a retaining wall of steel reinforced concrete structure with a height of 2.4 meters and length of 83 meters in the above place.

2. According to the evidence adopted and examined by this court, the defendant was found to have reported to the head of Goyang-si, Goyang-si on June 12, 2018 that he/she would build a retaining wall with the same height of 2.4m and 83m in length as that stated in the facts charged (Evidence 3), and the above C and B stated in the facts charged appear to have the same land (the prosecutor's statement in the sixth public trial record). Accordingly, according to this, the defendant appears to have already reported on September 21, 2018, which is the day before September 21, 2018, as the evidence submitted by the prosecutor alone was insufficient to acknowledge the facts charged of this case, and there is no other evidence to acknowledge this differently.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.