The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence (the defendant A: imprisonment with prison labor for eight months and confiscation, and the defendant B: imprisonment with prison labor for eight months and eight months) declared by the court below to the defendants is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendants is too unfortunate and unfair.

2. The Defendants committed the instant crime with a view to economic benefit by taking advantage of the demand of the people of the Republic of Korea for health paralysiss in the global prevalence of infectious disease Crona 19, and the nature and criminality of the instant crime are not good. Defendant A purchased the waste horse from Defendant B working in a stock company E, which treats the waste horse, and packaged and sold it in a non-sanitary environment. As such, if the illegally recovered horse is distributed, it is likely to harm the public health and sanitation, etc. that are disadvantageous to the Defendants.

However, the Defendants appears to have the attitude of recognizing and opposing all the instant criminal acts; the defective Mak 4,300, which Defendant A attempted to sell to the victim H, was seized before being distributed in the city; the amount of Makk distributed by the Defendants appears to be relatively small; the Defendants seems to have not much profits accrued from the instant criminal acts; the Defendants’ profits accrued from the instant criminal acts may not be deemed to have resulted in substantial interference with the control of epidemics due to the Makk distributed by the Defendants; and the Defendants are the primary offenders, etc. are favorable to the Defendants.

In addition, considering the various sentencing conditions shown in the argument of this case, such as the age, character and conduct, environment, and circumstances after the crime, the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is again decided as

. Prosecutors;