Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

2. The fact that the judgment defendant has been punished several times for the same kind of crime is disadvantageous to the defendant.

On the other hand, however, the court below's punishment is somewhat inappropriate in light of the following factors: (a) the defendant's perception of the crime and reflects the mistake in depth; (b) the elderly seems not to be good in health conditions; (c) the waiver of the house in which he operated the packaging horse; and (d) the fact that it appears to have reached the instant case due to economic difficulties, etc.; and (c) other factors of sentencing specified in the argument of this case, including the defendant's age, character and behavior, environment, and circumstances after the crime, etc.

Therefore, the defendant's argument is justified.

3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

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. In full view of the reasons for sentencing under Article 62(1) and (2) of the Criminal Act, the sentence shall be determined as per Disposition.