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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence presented in the grounds of appeal, the court below found the Defendant not guilty of the facts charged in this case, although the fact that the Defendant sold freezing meat was sufficiently recognized. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant, from May 7, 2013 to September 18, 2015, was engaged in livestock product sales business under the name of “D” on the following grounds: (a) the Defendant was equipped with the 12th office and the 40th office size in Ansan-si, and the 36th office size in the place of work in Ansan-si, and the 16th office size in the freezing-si; (b) the 16th office size in the cooling-si, the 2ndr, the 2ndr, the 2ndr, the 1strup season, the 1strup gas machinery; and (c) one vehicle for cargo vehicles.
No business operator who engages in livestock product dealer and livestock product import and sales business shall store or sell frozen meat into freezing meat.
Nevertheless, from July 1, 2015 to September 18, 2015, the Defendant sold approximately 1,000 kilograms of imported refrigerating, imported swine scrapers, and cattle to 50 business places in the factory premises, such as the Korea Gas Corporation, etc., located in the business site in the business site in which the Defendant 50 centimeters were sled, while sled up, using the meat-saving machine, etc., the Defendant sold approximately 1,00 kilograms of imported refrigerating ( KRW 100,00,000) in total 4,00 kilograms of imported refrigerating ( KRW 9,00,000), 3,00 kilograms of swine ( KRW 19,00,000).
B. The lower court determined that the Defendant’s temperature higher than -18·C all of the instant meat sold at the time of the instant crackdown, including swine scrapers and cattle, and those previously sold, which were kept in the Seadong room at the time of the instant crackdown.
Inasmuch as it cannot be ruled out that there is still a possibility that the instant facts charged, i.e., the evidence submitted by the prosecutor alone, that is, the Defendant did not ice and did not ice the meat stored in a ice, but the meat or its temperature stored in the ice -2∑ or above -2∑C was stored or sold.
. Recognition.