The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The defendant's act of using a part of a building by changing its use without obtaining permission from the competent authority for misunderstanding the legal principles constitutes two crimes of violating the Water Supply and Waterworks Installation Act and the Act on Special Measures concerning the Determination and Management of Areas subject to Development Restriction, and the above two crimes constitute two crimes of conceptual concurrence. However, the judgment below is in a concurrent relationship under the former part of Article 37 of the Criminal Act.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the number of crimes.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination (misunderstanding of the legal doctrine) The Defendant used part of 126 square meters of the first floor of the ground-based building to an ordinary restaurant in the animal and plant-related facilities in Namyang-si, Namyang-si, which is a water source protection zone where F water sources are located without permission from the competent authority. The above act constitutes a violation of the Water Supply and Waterworks Installation Act and the violation of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction.

Ultimately, the defendant's act constitutes two crimes, and the above two crimes are in a mutually competitive relationship under Article 40 of the Criminal Act.

Since it is reasonable to view this part of the defendant's argument is reasonable.

3. If so, the defendant's argument of misunderstanding of the legal principles is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's improper argument of sentencing, and the judgment below is reversed in whole, and the following is

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 97 subparag. 1 and 37(4) of the Food Sanitation Act, Article 30 of the Criminal Act (a comprehensive provision of the same Act), Articles 83 subparag. 1 and 87 subparag. 4 subparag. 1 of the Water Supply and Waterworks Installation Act, Article 30 of the Criminal Act (a comprehensive provision of the same Act) concerning criminal facts.