The judgment below

Part of acquittal shall be reversed.

A non-business operator who is the primary charge of the instant facts charged.

1. Summary of grounds for appeal;

A. In light of the facts and legal principles, Article 94(1)1 and Article 4 Subparag. 7 of the Food Sanitation Act (hereinafter “Act”), around the other hand, is subject to punishment for selling, storing, and displaying foods, etc. manufactured or supplied by a person who is not a business operator, or for the purpose of selling. As the Defendant manufactured, processed, and sold foods on the daily list of crimes as indicated in the judgment below, from December 16, 2014 to April 15, 2015, after the cancellation of the registration of the food manufacturing and processing business, the Defendant committed a crime of violating the Food Sanitation Act due to the sale of foods manufactured or processed by a non-business operator.

2) Preliminaryly, Articles 97 subparag. 1 and 37 subparag. 4 of the Act, Article 25 subparag. 5, and Article 21 subparag. 5(b)6 of the Enforcement Decree of the Act, and Article 39 of the Enforcement Rule of the Act punishs “the act of running a food sales business at a place of business with a floor area of at least 300 square meters without reporting to the competent administrative agency” and insofar as the Defendant’s place of business is at least 300 square meters, and there was no other fact that the Defendant filed a report on food sales business, the Defendant constitutes a crime of violating the Food Sanitation Act due to the sale of food in the unreported place of business.

B. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination of the misapprehension of the legal principle as to the acquittal portion

A. Some of the facts charged as to manufacturing and processing without registration due to changes in the indictment in the trial of the ex officio judgment, but this is merely a modification of the phrase written in the indictment to the same effect as the facts charged in the judgment of the court below, and the subject of the judgment was substantially changed.

As such, the conviction on this part shall not be reversed ex officio on the ground of changes in indictment.

Before the prosecutor's judgment on the grounds for appeal is examined ex officio, the facts charged and the applicable legal provisions concerning the acquittal portion in the judgment of the court below are as follows.