The defendant shall be innocent.

1. The Defendant is a person who cultivates and sells large waves in Kimcheon-si, Kimcheon-si.

No one shall manufacture, import, process, use, cook, prepare, or preserve foods or additives, the standards and specifications of which are determined, in accordance with such standards and specifications, sell foods that do not meet such standards and specifications, or manufacture, import, process, use, cook, store, subdivide, transport, preserve or display such foods or additives for sale.

Nevertheless, around November 18, 2017, the Defendant sold large wave equivalent to KRW 10 million at Kimcheon-siD, in excess of the permissible standard values, even though the permissible residual pesticide residues (iprode) was set at 0.05 g/km in the above farmland operated by the Defendant, the Defendant sold large wave equivalent to KRW 10 million at the market price of the above pesticide in excess of the permissible standard values.

2. Determination

A. As shown in the facts charged in the instant case, the Defendant’s evidence reveals that the ingredients of agrochemicals in excess of the remaining pesticide standards have been detected in the “short frequency” produced and sold by the Defendant.

There are “F’s statement that is a public official of Kimcheon-si public health clinic” and “Ulsan Metropolitan City Public Health and Environment Research Institute’s inappropriate agricultural products report (report).”

B. The conviction in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt, and, if there is no such evidence, it is inevitable to determine the defendant’s interest even if there is a suspicion of guilt against the defendant.

In full view of the following circumstances acknowledged by the record of the instant case, there is no reasonable doubt that the Defendant sold a large wave with detection of ingredients exceeding the residual pesticide standards, such as the statement of F and the evidence submitted by the Prosecutor, including the report of inappropriate agricultural products (Notification).