식품위생법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding thirty thousand won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. In addition, the Defendant argued as to whether the charge of manufacturing and selling illegal multiple-art products was established or not, even though there was any misunderstanding of facts or misunderstanding of legal principles, and during the period from November 26, 2015 to December 28, 2015.
However, as seen in Paragraph 2, since the application for changes in indictment was permitted to withdraw this part of the facts charged at the third trial date of this Court, this Court did not separately determine the above reasons for appeal.
The Defendant refunded a total of KRW 1,475,00 to 10 customers of Daart food.
Therefore, since the amount refunded to a customer by the defendant is excluded from the "retail price" as stipulated by the Food Sanitation Act, only the remaining amount is in violation of the Food Sanitation Act, and constitutes a statutory penalty for a fine under Article 93(3) of the Food Sanitation Act.
B. The sentence sentenced by the lower court [10 months of imprisonment (2 years of suspended sentence), 32 million won, and 120 hours of community service order] is excessively unreasonable.
2. The prosecutor, at the third public trial day of this Court, applied for changes in indictment to the effect that the part Nos. 1 through 9 of the annual table of crimes in the indictment of this case was withdrawn.
The judgment of the court is no longer able to maintain as long as the subject of the judgment is changed by permitting the modification of the bill of amendment.
3. Judgment on the misapprehension of the legal principle or mistake of facts
(a) Article 93(2) of the Food Sanitation Act provides that a person who manufactures, imports, or cooks foods or additives for sale using any of the following raw materials or ingredients shall be punished by imprisonment for not less than one year:
Article 2(3) of the former Food and Drug Protection Act (amended by Presidential Decree No. 2010, Jan. 1, 201); Article 2(3) of the former Food and Drug Protection Act (amended by Presidential Decree No. 2010, Mar. 2, 201