사료관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 400,000.
The above fine shall not be paid by the defendant.
Summary of Reasons for appeal
A. Legal principles have to use remaining food for a small-scale swine breeding business operator, such as the defendant, as a swine feed, to treat more than 30 minutes at 80°C, and there is no possibility of expectation of lawful act.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.
Judgment on the Reasons for Appeal
A. Determination of the misapprehension of the legal doctrine on the assertion of misapprehension of the legal doctrine 1) Standards and specifications for feed, etc. prepared pursuant to delegation under Article 11(1) of the Feed Management Act (Notice No. 2018-93, Nov. 27, 2018) [Attachment 9] Article 8(6) [Attachment 9] of the Food and Agriculture Industry Promotion Act provides that any person shall treat the remaining food (food wastes under the Wastes Control Act) as raw materials for feed of swine or swine for at least 30 minutes in cases where he/she uses the remaining food as raw materials for feed of swine or swine (food wastes under the Wastes Control Act).
2) This appears to be an inevitable measure to prevent the spread of African swine fever (ASF) virus through contaminated remaining food. However, the Defendant cannot be deemed to have no possibility of expecting the Defendant to lawful act solely on the following grounds: (a) pigs raised only in this case where the Defendant did not comply with the above heating treatment procedures under extenuating circumstances where the Defendant did not peep; and (b) the price of pigs raised in the process of heating treatment was somewhat boomed.
3) Therefore, the decision of the court below that found the Defendant guilty of the facts charged of this case is just, and there is no error in the misapprehension of legal principles as alleged by the Defendant.
B. Determination as to the wrongful assertion of sentencing 1) The instant crime was committed without complying with the process of feed process, and the criminal liability is not easy in light of the purport of relevant laws and regulations to ensure quality control and safety of feed.
2) However, the Defendant initially did not have any criminal history, and instead did so.