The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of fine) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the instant crime undermines the sanitary control and public health of livestock products; (b) the necessity of punishment is not significant; (c) the Defendant is not deemed to have economic benefits acquired by the instant crime; and (d) the Defendant was subject to suspension of execution and punishment of fines on eight occasions due to the instant crime; (b) although the Defendant’s act cannot be justified, there are some circumstances to consider the Defendant’s act in the instant case; (c) most of the salt farms sold by the Defendant were slaughtered at the slaughterhouse where the Defendant was permitted (the Defendant requested the slaughter of 256 heads to the slaughterhouse located in Chungcheongju from March 2013 to June 2014); and (d) the Defendant’s health is not good.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 45(1)1 and Article 7(1) of the former Livestock Products Sanitary Control Act (amended by Act No. 12672, May 21, 2014; hereinafter the same shall apply) on criminal facts and Article 45(1)9 of the former Livestock Products Sanitary Control Act (amended by Act No. 12672, Nov. 22, 2014; hereinafter the same shall apply), Articles 45(4)9, 24(1), and 21(1)7 of the former Livestock Products Sanitary Control Act (limited to the occupation of a non-reported livestock product sales business and a single-reported livestock product sales business): Selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;