The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding the facts), the court below acquitted the Defendant of the facts charged in this case on a different premise, although it can be sufficiently recognized that the Defendant stored the livestock products for the purpose of sale, the distribution period indicated in the livestock products was passed, which affected the conclusion of the judgment.

2. Determination

A. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of a crime and acquitted the Defendant.

Comprehensively taking account of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone that the Defendant stored the livestock products for sales purposes for which the distribution deadline indicated in the livestock products was past is proved to the extent that there is no reasonable doubt.

It is difficult to see it.

1) The Defendant appears to have operated a wholesale business entity in the form of a wholesale business under the name of “D”, and the scale of the transaction indicated in the business registration certificate or the sales ledger by customer also conforms to the form of wholesale business.

2) If the Defendant’s meat wholesale trade size is limited, the quantity of the air conditioning in which the distribution deadline separately stored by the Defendant is very small and medium, and the Defendant was specially stored for sale.

It is difficult to see it.

3) 피고인은 한우와 국산 돼지고기의 도매 취급을 위해 약 2평 크기의 대형 냉장고를 가동하고 있었고, 이 사건 유통 기한이 지난 냉장 육을 보관하던 냉동고는 업소 한 켠에 둔 작은 크기의 것으로서 피고인이 위 유통 기한이 지난 냉장 육을 따로 구분하여 보관하여 둔 것이 확실해 보인다.

4) The air conditioners whose distribution period in which the Defendant kept in custody has clearly stated on the packages the distribution period and the buyer’s position does not want to purchase the meat with the lapse of the distribution period specified.