The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. It is recognized that the fact that the defendant raised the chickens without obtaining permission from the authority is relatively small in size.

However, it is also recognized that the Defendant had the attitude of recognizing and opposing each of the instant crimes, that the Defendant did not have the history of criminal punishment for the same crime, that the Defendant started chickens breeding as part of the private self-support work, and that the Defendant was not subject to permission until February 22, 2016. However, even though, after February 23, 2016, chickens breeding business exceeding 50 square meters of the size of the breeding facility was changed to the subject of permission, it appears that the relevant statutes were not well-founded, and that the Defendant was able to block each of the instant crimes, and that it was also recognized that the Defendant suspended chickens breeding after the control.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive and background of each of the instant crimes, means and results thereof, and all of the sentencing conditions shown in the instant records and pleadings, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

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 defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 53 subparag. 1 of the Livestock Industry Act, Article 22 subparag. 4 of the Act on the Selection of Punishment of Specific Crimes (a point where a livestock industry is operated without permission), Article 45(1)1 of the Livestock Products Sanitary Control Act, and Article 7(1) of the same Act (a point where livestock is slaughtered and treated at a place other than a place of work for which permission has been granted). The choice of each fine shall be made.