A. misunderstanding of facts and misunderstanding of legal principles found that the Defendants stored, imported, and distributed Maneung River fireworks without obtaining permission from the competent authorities as stated in each of the facts charged in the instant case, but the Defendants believed that the said fireworks were artificially reproduced in Japan and thus they fall under Article 14(1)5 through 14(3)6 of the former Protection of Wild Fauna and Flora Act (amended by Act No. 10977, Jul. 28, 201; hereinafter the same) and thus, they did not obtain the said permission. However, even if the Defendants thought that the Defendants’ act did not constitute a crime under the law, and that the Defendants were held guilty of all of the facts charged in the instant case as they constituted legal mistake under Article 16 of the Criminal Act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendants (a fine of KRW 500,000) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts and misapprehension of legal principles. Article 16 of the Criminal Act provides that a person's act of misunderstanding that his act does not constitute a crime under the law shall not be punishable only when there are justifiable grounds for misunderstanding. However, in his own special circumstances, it shall not be punishable if there are justifiable grounds for misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding and misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding