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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not know that, in order to distribute and sell ginseng cultivated by artificially planting or transplanting seeds or seedlings under a forest between mountain and mountain, the Defendant did not know that the result of quality inspection should be indicated at a location recognizable to consumers.
Therefore, the illegality of the defendant's act should be excluded as a mistake of law.
B. The sentence of the lower court (an amount of KRW 2,00,000) that is unfair in sentencing is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor applied for amendments to the indictment with the purport that “The part of the instant charges, which sold the amount equivalent to KRW 16,200,000,000,000,000,000,000,000 was sold” in the 7th sentence of the instant charges. The court permitted this and thereby changed the subject matter of the judgment, thereby making it impossible for the court below to maintain it no longer.
However, despite the above reasons for reversal of authority, the defendant's assertion of error in law is still subject to the judgment of this court.
B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of legal error, namely, ① the Defendant was engaged in the work related to mountain livers for about 10 years, such as leading the Defendant to the Korea Telecommunication Association H, etc. From January 2013 to August 8, 2014, it appears that the legal provisions related to mountain livers sales were well-founded since he sold livers directly. ② The Defendant purchased lives from the wholesaler in bulk from the wholesaler and sold them to the general consumers by dividing them. The Defendant was aware of the fact that the quality inspection was attached to the lives purchased by the Defendant. ③ The Defendant was from January 2013 to January 8, 2014 before commencing the instant crime.