The part against Defendant C is reversed, and this part of the case is remanded to the Gwangju High Court.

1. Defendant A did not submit a written reason for appeal within the period for submission of the written reason for appeal, and Defendant A did not state the reason for appeal even in the petition for appeal.

2. As to Defendant C

A. According to the Prosecutor’s grounds of appeal, Article 94(3) of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter “former Food Sanitation Act”), Article 13(1)1 of the former Food Sanitation Act prohibits “an indication that is likely to have efficacy or efficacy for the prevention and treatment of diseases or to cause confusion as medicine or health functional foods” with respect to the indication of food, etc., and Article 94(1)2-2 of the same Act provides that a person who violates the above provision shall be punished by imprisonment with prison labor for not more than 10 years or by a fine not exceeding 100 million won. Article 94(2) of the same Act provides that a person who was sentenced to concurrent punishment under Article 94(1) and re-offenders the same crime within five years after such sentence became final and conclusive shall be punished by imprisonment with prison labor for not less than one year but not more than seven years, and that person shall be punished by a fine not less than 10 times the relevant food retail price.

"........"

Meanwhile, Article 94 (1) of the former Food Sanitation Act, in addition to those who violate Article 13 (1) 1, is a provision punishing those who violate Articles 4 through 6 (including cases applied mutatis mutandis in Article 88, excluding cases falling under Articles 93 (1) and (3)), 8 (including cases applied mutatis mutandis in Article 88), and 37 (1). In addition, the acts requiring "sale" in accordance with the constituent requirements are mixed.

On the other hand, Article 93 of the Food Sanitation Act provides similar provisions, and Paragraph 1 of the same Article provides for the purpose of sale by using animals that suffered from any of the following diseases: