The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court, based on its stated reasoning, reduced the rooftop floor of the instant house without permission.

The judgment of the first instance court that found this part of the facts charged guilty was affirmed.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on Article 19(5) of the Building Act, contrary to what is alleged in the Defendant’s grounds of appeal.

2. As to the prosecutor's grounds for appeal

A. The lower court acquitted the Defendant on the ground that, of the facts charged in the instant case, the Defendant, the owner of the instant house, reported the construction of the underground floor for the purpose of warehouse, installed three rooms with partitions installed on the underground floor 85.44 square meters, and changed the use of the warehouse, which is an appurtenant facility of the instant house, for each room, for the purpose of residence without permission. As to the portion that the Defendant changed the warehouse, which is an appurtenant facility of the instant house, to a room for residence, did not constitute a case of making a report on the change of the use among the military units under Article 19(2) of the Building Act.

B. However, we cannot accept the judgment of the court below for the following reasons.

1) Article 2(2)1 and 18 of the Building Act provides for the classification of detached houses and warehouse facilities for the use of a building, and the detailed use of a building for each purpose is prescribed by Presidential Decree. Accordingly, [Attachment Table 1] subparagraphs 1 and 18 of Article 3-4 of the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 25786, Nov. 28, 2014) provides for detached houses, multi-user houses, multi-family houses, diplomatic missions, and buildings belonging to warehouse facilities, respectively.