The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the fine of fifteen thousand won) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant ex officio, the lower court erred in applying Articles 108(1) and 11(1) (a) of the former Building Act (amended by Act No. 12701, May 28, 2014) ( statutory penalty: imprisonment with prison labor for not more than three years or a fine not exceeding 50 million won) as the former corporation with respect to the crime committed before May 28, 2014, among the crimes of violation of the Building Act as indicated in the holding of the lower judgment, with respect to the crimes committed before January 19, 2016, the lower court erred in applying the statutory penalty not exceeding KRW 108(1) and 11(1) (a) of the former Building Act (amended by Act No. 13785, Jan. 19, 2016) (a) or a fine not exceeding KRW 1500,000,000).

Therefore, among the judgment of the court below, the part of the above Building Act which violated each of the above Building Act was no longer able to be maintained, but the court below dealt with the violation of each of the above Building Act and each of the remaining provisions of the Parking Lot Act as concurrent crimes under the former part of Article 37 of the Criminal Act, and sentenced a single punishment. Thus, the judgment of the court below against the defendant shall be

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 108(1) and Article 108(1) of the former Building Act (amended by Act No. 12701, May 28, 2014) regarding criminal facts.