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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the parking-only building operated by the defendant in emuli City D is strictly divided into the exclusive parking purpose and the parking facility, and the building permit and the approval for use is granted; the indoor washing activity of the vehicle should be performed only in the area outside the parking facility. Considering the fact that the defendant's operation of the detailed cleaning machine in the exclusive parking building is operated for the purpose of removing the external water source and cleaning the indoor, the space where the dust cleaning machine is installed shall be considered to be the space actually used for the rent-free business, and the area of the site for the parking lot where the dust cleaning machine is installed shall not be included in the area of the legal parking lot as well as the area of the site for the parking lot where the dust cleaning machine is installed.
must be viewed.
Therefore, although the defendant can be found to have used an exclusive parking building in violation of the parking lot use ratio under the Parking Lot Act, the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension of legal principles.
2. Determination
A. The summary of the facts charged is that the Defendant is operating a parking lot with the trade name “E” in Ma in Masung City D.
The ratio of the part used as a parking lot in the total floor area of a building for exclusive parking shall be at least 95%, but the ratio of the part used as a parking lot shall be at least 70% if the part used for the purpose other than a parking lot is a detached house, multi-unit house, Class I neighborhood living facilities, cultural and assembly facilities, Class II neighborhood living facilities, religious facilities, sales facilities, transportation facilities, sports facilities, business facilities, or motor vehicle-related facilities.
The above parking lot operated by the defendant is the building area permitted pursuant to the Parking Lot Act, which is 595 square meters and is part of it.