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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendants purchased the chickens products as raw materials to produce them and stored them freezing, not directly for sale to consumers, and thus, despite the fact that Article 33 of the Livestock Products Sanitary Control Act was not violated, the judgment below convicting the Defendants of the facts charged of this case is erroneous in the misapprehension of legal principles.
B. The sentence imposed by the lower court (Defendant A: a fine of KRW 7 million, Defendant C: a fine of KRW 3 million) is excessively unreasonable.
2. Judgment on the misapprehension of legal principles
(a) Article 45 (1) 7 of the Livestock Products Sanitary Control Act provides that "any person who sells livestock products or processes, processes, packages, uses, imports, keeps, transports or displays such products for the purpose of sale in violation of Article 33 (1) of the Act shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 100 million won, and Article 33 (1) 8 of the aforesaid Act shall not sell livestock products, or treat, process, pack, use, import, store, transport or display such products for sale: Provided, That this shall not apply where such products meet the standards determined by the Minister of Food and Drug Safety."
Defendants asserted that the purchase of the chickens in this case as raw materials to produce chills, chills, and so on without bones, and stored freezing is not a finished product but a finished product for the purpose of sale directly to consumers. Thus, Defendants did not violate Article 33(1)8 of the Act.
In addition, since the defendants are limited to livestock products that are subject to marking under the Livestock Products Sanitary Control Act, the defendants purchased as raw materials for processing with chills without bones, etc., and did not indicate the expiration date of distribution from the beginning.