The prosecutor's appeal is dismissed.

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. This case’s determination is that foods using horses that are not listed in the standards, etc. set by the Minister for Food and Drug Safety are produced and sold to many and unspecified persons. Even if considering unfavorable circumstances that the nature of the crime is not less and less than that of the defendant, the defendant appears to have been led to confession and reflect. In full view of the defendant’s age, sex, environment, circumstances leading up to the crime, means and consequence, the scale of the crime, circumstances after the crime, etc., the sentencing judgment of the lower court cannot be deemed to have exceeded the reasonable limit of discretion or to have been unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s argument above is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.