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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of the charges of violating the Sanitary Control of Livestock Products Act on the ground that the Defendant’s unauthorized livestock products violated the Livestock Products Sanitary Control Act by misunderstanding the fact, although it was found that the Defendant, based on the evidence submitted by the prosecutor, included ice documentary and various materials into the ice raw material meat from May 2015 to July 2015.
B. The sentence of the lower court’s unfair sentencing (one year of a suspended sentence in four months) is too uneasible and unfair.
2. Judgment on the assertion of mistake of facts
(a) A person who intends to run a livestock product processing business shall obtain permission from the competent authority;
Nevertheless, the Defendant, without obtaining permission from the competent authority on May 2015, operated D Co., Ltd. (hereinafter “D”), and purchased raw material meat from E (hereinafter “E”) and made and processed “brecing breculatory meat” by mixing it with breculs, fruits, etc., and sold the total of KRW 3,931 won per 100 to theO located in Gangseo-gu Seoul Metropolitan Government around May 5, 2015, as well as the total of KRW 22,350,350,87,857, 850, and 194 from the same day to July 31, 2015.”
B. The lower court rendered a not-guilty verdict on this part of the facts charged on the following grounds.
(1) According to the release details of E’s name (Evidence Nos. 55 through 58 of the evidence record), there is doubt as to whether the Defendant, unlike from May 5, 2015 to July 30, 2015, purchased refined meat, cut meat from E, and skin’s raw material meat and manufactured and sold boxe stuffs after directly purchasing skin’s raw material meat from E.
However, in full view of the following circumstances: