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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding 1) The period of the instant crime was not from May 2014 to August 2014, but from around August 2014. 2) In the event of the climatic termination, the Defendant was not directly manufactured and sold, but was imported in China and sold to the customer as is, and the progress of the Defendant’s direct manufacture was not sold.
콩잎, 깻잎 등의 경우에도, 피고인이 직접 제조하여 판매한 것이 아니라 절여진 식품의 상태로 구입하여 단지 보관을 위하여 물에 담가두었다가 그대로 거래처에 판매한 것이다.
3) The method by which the Defendant manufactures cirrative foods may not be deemed to be likely to harm health by ordinary means. B. The punishment sentenced by the lower court of unreasonable sentencing (one year of imprisonment and 30 million won of fine) is too unreasonable.
2. Determination
A. 1 Determination of the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the period of the crime: (i) the Defendant’s materials for saving plastic bags, solid boxes, intangibles, etc., salt bags, industrial rubber bars, etc., which are contained in the vehicle (R) owned by him/her between February 23, 2014 and January 18, 2015, and (ii) the Gyeongbuk-gu District C (hereinafter “site for manufacturing food of this case”).
() The head of the gate to move on the surface is taken 57 times on CCTV for the purpose of crime prevention (in particular, on April 22, 2014, in light of the fact that the defendant loaded and moved an industrial rubber machine used in the manufacture of cut food, at least from around May 2014, it appears that he/she manufactured cut food from around May 201.
(2) The defendant purchased ice ice cryp from July 2, 2014, and 3. The defendant's wife first started funeral from August 2014 to August 2014, and I stated that he started cryping work at each principle cryp from August 2014 to June.