The Defendants’ appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of legal principles) is as a matter of principle prohibited manufacturing by the order of the Minister of Environment under the Sewerage Act, and the manufacturing is exceptionally allowed when certified by the Ministry of Environment public notice. There is no provision punishing cases where certified products are somewhat changed, or where certified products are not subject to modified certification.

Therefore, even if the defendant obtained the certification of the garbage crushing machine for the main purpose in accordance with the Ministry of Environment, changed the contents of the garbage crushing machine, and manufactured and sold the garbage crushing machine for the main purpose without obtaining the certification of change, deeming it as manufacturing and selling the garbage crushing machine for the main purpose in violation of the prohibition order by the Minister of Environment is in violation of the principle of statutory punishment.

2. The Defendants asserted to the same purport in the lower court, and the lower court rejected the Defendants’ assertion in determining the Defendants guilty of the instant facts charged, on the grounds as indicated in its reasoning.

The reasoning of the court below is as follows. ① According to Article 33 of the Sewerage Act, Article 23 of the Enforcement Decree of the Sewerage Act, and the suspension of the sale and use of a kitchen garbage crushing machine (Public Notice 2013-179 of the Ministry of Environment), in principle, the sale and use of a kitchen garbage crushing machine shall be prohibited, and the sale and use of a combined product designed and manufactured so as to prevent users from arbitrarily manipulating food waste shall be exceptionally allowed only if the product is recovered at least 80% of the weight based on solid waste, or is certified as a product that can be discharged less than 20% of the weight based on solid waste, and if a person certified as above has "transfer of a manufacturing plant or alteration of the production facility and process", the certification agency shall apply for the change of certification. On the other hand, the certification agency shall differently from the certified product.