The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. 이 사건 공소사실의 요지 피고인은 청주시 서원구 C에서 'D'라는 상호로 식당을 운영하면서 2014. 3. 19부터 2014. 8. 7.까지 위 식당 차림표의 원산지 표시란에 '국내산암퇘지, 일절 국내산' 등의 표시를 해 놓고, 버섯찌개에 ‘미국산 목잡 10.25kg’을 넣어 조리판매함으로써 원산지를 혼동하게 할 우려가 있는 표시를 하였다.

2. Summary of the grounds for appeal and the judgment of the court below

A. (1) The Defendant, as indicated in the instant facts charged, kept a mark of origin indicating the “U.S. P. P. P. P. P. P. P. P. P. P. P. P. P.P.,” instead of being cooked and sold by inserting the “U.S. P. P. P. P. P. P. P. P. P. P. P. P. P.P.P.,” on the following grounds:

In addition, in light of the origin indication of the instant restaurant model, the mushroom new marking, etc., the Defendant did not place any indication that may cause confusion about the country of origin of the mushroom.

Nevertheless, the judgment of the court below which found the above facts guilty is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the court below on unreasonable sentencing (two million won of fine) is too unreasonable.

B. Although the lower court also asserted the same as the grounds for appeal for mistake of facts, the lower court rejected the Defendant’s allegation and found the Defendant guilty of the facts charged in this case by comprehensively taking account of the evidence duly admitted and examined.

3. Judgment of the court below

A. (i) As seen in the grounds of appeal by the Defendant prior to the issue of the instant case, whether there is evidence to acknowledge the fact that the Defendant was prepared and sold by putting five U.S. forest miscellaneous 10.25 km as stated in the facts charged in the instant case, and even if such fact is recognized, the Defendant may cause confusion as to the five forest necks.