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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 7,00,00.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. The defendant and his defense counsel asserted that the calculation of the market price of livestock products was erroneous in relation to Paragraph 1 of the facts charged in the original statement of reasons for appeal and the statement of reasons for appeal. However, the prosecutor later made the standard unit price at KRW 6,908 per 1 km, as alleged in the defendant and his defense counsel, and added the market price of each of the facts charged at KRW 13,816,00,000, and KRW 1-1, as alleged in the amendment of the indictment.
(b) 1) Paragraph 5,526,400, 1-C
Since the paragraph has changed to KRW 117,919,560, this part has become no room for dispute.
1) misunderstanding of the legal principles (crime No. 1-C.)
As to subsection 1, the Defendant, with the trade name of “F”, engaged in meat packaging business and livestock product sales business subject to reporting at the same time. However, the facts constituting an offense of the lower judgment are as stated in Section 1-C.
The storage of livestock products in the freezing L at Jeju, as stated in the port, is merely a matter on which a fine for negligence is imposed pursuant to Article 47(2)3 of the Livestock Products Sanitary Control Act, because it changes the location of the freezing warehouse that is accompanied by the livestock product sales business, not the meat packaging business, but the meat packaging business, and fails to report it.
Therefore, the defendant stored livestock products in the freezing warehouse of this case without permission as meat packaging business operator.
In light of the foregoing, the lower court, which found the Defendant guilty by applying Article 45(4)4 and Article 7(1) of the Livestock Products Sanitary Control Act, erred by misapprehending the legal doctrine.
2) The sentence of the lower court (one year and six months of imprisonment, fine 7,00,000,000) that was unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Before making a judgment on the grounds for an ex officio appeal, the Prosecutor’s 1-A of the facts charged at the trial in the case of the party, “total market value of KRW 41,196,00” in Article 1-A of the facts charged, “total market value of KRW 13,816,00,000,” and Article 1-1
(b) 1) The “total market value of KRW 16,478,400” in paragraph (1) is the aggregate of the market value.