The prosecutor's appeal is dismissed.

1. Article 45(1)7 and Article 33(1)8 of the Sanitary Control of Livestock Products Act provides that a person shall be punished in cases where a person stores livestock products, the distribution deadline of which has elapsed, for sale, for the purpose of sale.

Nevertheless, the court below is not subject to punishment because the period of circulation in substance has not expired.

There is an error of law by misunderstanding legal principles.

2. Judgment on the grounds for appeal

A. In light of the following circumstances, the lower court: (a) based on the evidence submitted by the prosecutor, the Defendant stored the “livestock products for which the distribution deadline indicated in the pertinent livestock products” under Article 33(1)8 of the Livestock Products Sanitary Control Act for the purpose of selling them.

It is difficult to conclude it.

The decision was determined.

1) On April 29, 2016, the date of the instant control, the Defendant entered the labelling (hereinafter referred to as “instant labelling”) on the Rag (hereinafter referred to as “the labelling”) marked on the 20 km (the market price equivalent to 760,000 won; hereinafter referred to as “the instant height”) in Korea, which was kept for the purpose of sale, as of January 29, 2016, the date of packing is January 8, 2015; and the date of validity is as of January 2, 2016, and in itself, it appears that the distribution period has elapsed.

As a result of the DNA identity inspection conducted by the Institute of Food and Drug Quality Evaluation, it was revealed that the individual identification number of the instant cattle scraper was G other than F, as indicated in the said labelling, and that the instant cattle scraper was slaughtered on March 28, 2016 and was rated on March 29, 2016.

Therefore, it is evident that the cattle of this case was slaughtered and passed one month from the date of manufacture, and it does not exceed 24 months, which is the ordinary time limit for the distribution of freezing livestock products.

2) In addition, according to Article 2 subparag. 5 and subparag. 6 of the Food and Drug Safety Criteria, which provide for the criteria for the labelling of livestock products pursuant to Article 6(1) of the Livestock Products Sanitary Control Act, “date of manufacture” needs to be manufactured or processed, excluding packages.