The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (the factual errors) (hereinafter referred to as the “instant restaurant”) indicated the D restaurant as “domestic products (Korean Chinese, Chinese, and Korean)” while operating the restaurant. The said indication of origin is not likely to cause confusion to the public as to the origin of origin, since the Defendant: (a) used not only the domestic products, but also the small quantity of the small-scale or Korean-style Chinese-do during the period from November 1, 2012 to January 30, 2013.

2. The summary of the facts charged in the instant case is a person who operates a mutually named restaurant, “D” in Kimpo-si, Kimpo-si.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, from November 1, 2012 to January 30, 2013, the Defendant: (a) purchased from “F” located in Seongdong-gu Seoul, Seongdong-gu, Seoul to purchase 772.2kg, 6.8kg, and f52.7kgs; and (b) sold 3,325 man-made 23,275,000 and 361 man-minute 3,610,000 in terms of the origin labeling; (c) during that period, the Defendant indicated the origin of “domestic products” as “domestic products, f10,000.”

Accordingly, the Defendant, in preparing the bridges as above, indicated that he will use the bridges, as well as domestic bridges, so that it may cause confusion with the country of origin to the public.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the facts charged should be proved to the extent that there is no reasonable doubt (Article 307 of the Criminal Procedure Act). Thus, if the facts charged were not proven to the extent that there is no reasonable doubt, the defendant is suspected of guilty.

Even if it is not guilty, it shall be judged.

B. The evidence duly adopted by the lower court and the lower court.