The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

The pronouncement of sentence against B shall be suspended.

1. Summary of grounds for appeal;

A. According to Article 7(1)2 and 7(1)3 of the Sanitary Control of Livestock Products Act, in cases where self-consumption or livestock owners sell livestock after cooking and selling livestock directly, slaughter business can be slaughtered and disposed of without a slaughter business license. In light of the purport of the above provision, in cases of small-scale radioactive-type farmers that produce soil and sand, such as Defendant A’s place of business, the above exceptional provision shall apply mutatis mutandis to slaughter business without a slaughter business license.

Nevertheless, the judgment of the court below convicting Defendant A of the facts charged is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Defendant B (1) In fact, Defendant B was employed by Defendant B, and did not know that it constitutes a crime of violating the Sanitary Control of Livestock Products Act, and thus, Defendant B was guilty of the facts charged. Thus, the judgment below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(2) The punishment sentenced by the lower court to Defendant B (2 million won in penalty) is too unreasonable.

2. Determination

A. Article 7(1) of the Sanitary Control of Livestock Products Act, based on the assertion of misunderstanding the legal doctrine of Defendant A, requires that livestock slaughter and treatment, collection, and processing, packaging, and storage of livestock products be conducted at a workplace permitted pursuant to Article 22(1). In the event that livestock is slaughtered and treated for academic purposes in the proviso, (i) the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor (hereinafter “Mayor/Do Governor”) determines and publicly notifies the relevant livestock for self-consumption, excluding cattle and horses, (ii) where the relevant livestock is slaughtered and treated for self-consumption in an area determined and publicly announced by the Mayor/Do Governor for each type of livestock other than cattle, horses, pigs, and sheep, and in the area determined and publicly announced by the relevant Mayor/Do Governor.