The defendant's appeal is dismissed.

1. As to the summary of the grounds for appeal No. 1 of the facts charged, the lower court found the Defendant guilty on the grounds that there was no “extension” of the instant restaurant building. In so doing, the lower court erred by misapprehending the legal doctrine, and even if all the facts charged in the instant case are guilty, the lower court’s punishment (700,000 won)

2. Determination

A. The court below determined the mistake of facts or misunderstanding of legal principles as to the "building" under the Building Act refers to a structure fixed on land, which has a roof and columns or walls and facilities appurtenant thereto, an office, a performance hall, a shop, a garage, a warehouse installed on an underground or elevated structure, and other structures prescribed by Presidential Decree (Article 2 (1) 2 of the Building Act); "extension" refers to the increase of the building area, total floor area, number of floors, or height of a building on the site where the basic building exists (Article 2 (1) 2 of the Enforcement Decree of the Building Act). Meanwhile, since a building refers to a structure with a roof and columns or walls among structures settled on the land and facilities appurtenant thereto, it constitutes an extension of a building if it has been equipped with structures, such as a steel frame, etc., which makes it possible for a roof to aground over each side of the building constructed with a legitimate permission as far as a roof and walls exist, it constitutes an extension of a building (see Supreme Court Decision 83Do3026, Feb. 14, 1984).

(See Supreme Court Decision 2006Do8935 Decided March 16, 2007). Two smoking rooms of each floor area of 9 square meters installed additionally by the Defendant (hereinafter “facilities of this case”) are structures in which the columns are newly sub-sectioned on the wall of the existing restaurant building by connecting the floor to the wall of the existing restaurant building, and a new roof is built at the end of the roof of the existing building, and a rail rail is installed between the columns and columns.