식품위생법위반등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant (hereinafter “Defendant”)’s punishment of the lower court (a fine of KRW 1.5 million) is too unreasonable.
(B) The defendant explicitly withdraws the remaining arguments except unfair sentencing on the date of the first trial of the trial, and made a statement to the effect that it takes into account the sentencing).
1) According to the evidence submitted by the prosecutor of mistake of facts (not guilty part in the original trial), the court below accepted the defendant's assertion of inconsistency without any reasonable reason and rendered a not-guilty verdict on the charge concerning one of the above prone vehicles. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The judgment of the court of unfair sentencing is too unreasonable and unfair.
2. Judgment on the prosecutor's assertion of mistake of facts
(a) No person who runs a general restaurant business in the summary of this part of the facts charged shall subdivide, transport, display or store products, foods or raw materials thereof, the distribution period of which has expired, for the purpose of cooking and selling, sell such products, foods or materials thereof, or use them for the manufacture or processing of foods;
Nevertheless, the Defendant, on April 11, 2018, stored one of the oil carriers whose distribution period has elapsed (the date of control: the date of marking the distribution period on April 11, 2018: January 23, 2018; hereinafter “the instant oil disease”) in the main line of “C” operated by himself/herself, for the purpose of cooking and selling.
B. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that the Defendant was highly likely to contain other contents in the instant projon disease.
C. In full view of the following circumstances revealed by the records of this case, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.
The prosecutor's assertion of mistake is accepted.