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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor of ten months and by a fine of eight million won.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for one year and fine of six million won, Defendant B: imprisonment with prison labor for one year and one year) is too unreasonable.
2. Determination
A. The judgment of the court below ex officio against Defendant A (related to the violation of the Food Sanitation Act by its own failure to conduct a quality inspection) provided that the subject of the application of the relevant legal principles to the crime of violating the Food Sanitation Act (Article 97 subparag. 1 and Article 31(1) of the Food Sanitation Act) is "business operator who originally provides for the manufacture of food, etc." under Article 31 of the Food Sanitation Act. However, the main text of Article 100 of the Food Sanitation Act provides that "if a representative of a corporation, or an agent, employee, or other worker of a corporation or individual commits an offense falling under any of Articles 93(3) or 94 through 97 with respect to the business of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions." Thus, the court below's judgment of the court below is just and acceptable as the defendant and the offender who are not a business operator under the main sentence of Article 100 of the Food Sanitation Act may be a principal offender for the crime of this case.
A) A prosecutor assumes that B is an offender of this part of the crime. In such a case, the Defendant is either punished as a joint principal offender or punished pursuant to the proviso of Article 100 of the Food Sanitation Act, which is both punishment provisions, when he/she participates in the form of a joint principal offender B and the Defendant is not liable for the sole principal offender in relation to this part of the crime.