A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

2. Although the defendant was subject to criminal punishment for the same kind of crime, the defendant's mistake is recognized, there is a considerable interval of time between the same kind of crime and the crime of this case, and the defendant seems to have committed the crime of this case for his livelihood because of the elderly economic situation, there are some circumstances to consider the circumstance of the crime of this case. Considering all other circumstances, including the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances leading to the sentencing indicated in the records, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for reversal of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the same as those for the provisional payment order.