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The judgment below
Of them, the guilty part against Defendant A and the part against Defendant B shall be reversed.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The court below found the Defendants guilty of this part of the facts charged, even though it was not kept for cooking and selling purposes, since the field photographs and the statements of enforcement officers, etc., which were used as evidence of the conviction portion among the facts charged in this case, are evidence collected by enforcement officers without following due process or obtained based thereon, they cannot be admissible as evidence of unlawful collection under Article 308-2 of the Criminal Procedure Act, and there is no evidence of misunderstanding of facts and misapprehension of legal principles. The court below found the Defendants guilty of this part of the facts charged.
B. Comprehensively taking account of the evidence submitted by the Prosecutor 1, Defendant A, as stated in this part of the facts charged, could sufficiently be recognized that Defendant A had kept the Friman’s dye and hye-to-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-h
2) The lower court’s sentencing against Defendant A, who was improper in sentencing, is too uncomfortable.
2. Determination
A. Judgment on the Defendants’ assertion 1) The summary of this part of the facts charged is that Defendant B is a corporation engaged in restaurant business, etc. in the Seo-gu, Seo-gu, Gwangju, and Defendant A is the actual operator of Defendant B.
A food entertainment business operator shall not subdivide, transport, display or keep products, foods or raw materials thereof, the distribution period of which has elapsed, for the purpose of cooking and selling, sell such products, foods or raw materials thereof, or use them for the manufacture or processing of foods.
A) On August 31, 2016, Defendant A’s purpose is to cook and sell one kg (up to August 25, 2016) of the dry-do 1kg (up to the circulation deadline) with the air conditioners located in the Defendant’s business site around August 31, 2016.