The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for six months.

However, this judgment is delivered against Defendant A.

Summary of Grounds for Appeal

A product manufactured by the Defendants (hereinafter referred to as “raw milk in this case”) of misunderstanding of facts or misapprehension of legal principles on the Act on Special Measures for the Control of Public Health Crimes, since it cannot be taken until the Defendants were dried up with food as a raw material for the maintenance of food, it does not constitute “food” as prescribed by the Food Sanitation Act.

Therefore, it cannot be seen as food additives under the Food Sanitation Act, which are used by the Defendants in the process of manufacturing the instant crude oil, which is not food (hereinafter “minate acid”).

The lower court deemed that the instant crude oil constitutes food maintenance, which is a food under the Food Sanitation Act, based on the fact that the instant crude oil was planned to be edible after undergoing the refining process, is an analogical interpretation unfavorable to the Defendant. Even if the instant crude oil is a food product, and it is deemed that the weekend acid constitutes food additives, since it was not proven that the standards and ingredients of food additives as publicly notified by the Minister of Food and Drug Safety (Ministry of Food and Drug Safety Notice No. 2013-15, hereinafter “food additives”) do not meet the standards and ingredients for the method of use under the food additives publicly notified by the Minister of Food and Drug Safety, it cannot be deemed as a violation of Article 7(4) of the Food Sanitation Act

It is produced in Korea without undergoing the inspection of the net level of money (hereinafter “additional net level inspection”) by same-sex and Dammmar, which produces Hexane for food additives. The Defendants do not have the possibility of avoiding illegality because they do not have the legitimate opportunity to use hexane as required by the food additives code.

The Defendants had different knowledge about the classification of gymsan into industrial and food additives used for the maintenance and extraction system.