The judgment below

Of those, the conviction against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of four million won.

1. The summary of the grounds for appeal 1) Defendants (1) and misunderstanding of the facts and legal principles (as to paragraphs (1) and (2) of the facts stated in the judgment below, Defendants (as to paragraphs (1) and (a) of the same Article), Defendant B provided fung in the instant kimchi finchi and using only the remainder of kimchi as part of the kimchi. Any person who sells, manufactures, imports, processes, uses, prepares, subdivides, transports, or displays any of the following foods for sale shall not sell, manufacture, process, store, subdivide, transport or display:

1. No one shall be deemed to fall under foods, the sale, etc. of which is prohibited, stale, stale or unripe foods of which are likely to harm a human body, and which are likely to harm a human body;

In addition, as in this case, Article 4 of the Food Sanitation Act cannot be applied since it cannot be deemed that food is used for the purpose of sale when it is used for the purpose of supplying food to the students who attract the school in a group meals.

(2) The lower court’s sentence against the illegal Defendants (Defendant A: 4 million won of fine, Defendant B’s imprisonment with prison labor for four months of suspended execution, one year of suspended execution, and 40 hours of community service) is too unreasonable.

2) As to Defendant A (misunderstanding of facts and misapprehension of legal principles), Article 2. B. of the facts stated in the judgment below, the Defendant is required to appoint one dietitian licensed under Article 15 of the National Nutrition Management Act in a kindergarten that provides meals to not less than 100 young children at a time.

Provided, That where two or more kindergartens equipped with meal service facilities and equipment and provide meals adjoin, five or more kindergartens shall be located in the jurisdiction of the same Office of Education under Article 5 of the Enforcement Decree of the Local Education Autonomy Act.