The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

misunderstanding the legal principles on the summary of the grounds for appeal (misunderstanding of the legal principles and inappropriate sentencing): The Defendant’s act was processed in salted fish and supplied it to a specific business entity, which shall not be sold, imported, displayed or transported for sale, or used for business, unless the criteria for labeling are indicated in accordance with Article 10(2) of the Food Sanitation Act (hereinafter “Act”) pursuant to Article 10(1) of the Food Sanitation Act (hereinafter “Act”).

is an act that does not meet the requirement of the constitution.

Sentencing: The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

Judgment

An ex officio judgment prosecutor filed an application for changes in the indictment with each of the facts charged as follows: “Distribution” in paragraphs 1 and 2 to “G” located in the Dong-gu Incheon Metropolitan City, and “Distribution” in paragraph 3 to “G” located in the Dong-gu Incheon Metropolitan City,” and the last sentence group “Distribution of products of approximately KRW 5,640 g market value of approximately KRW 12,690,000 and used for sale and transport of food for the purpose of sale and business” in the last sentence group “The distribution of products of approximately KRW 12,690,000,000,0000,000 won, for the purpose of sale and use for business.”

The judgment of the court below is no longer maintained as the case is changed by this court's permission.

However, the judgment of the court below on the ground that the defendant's assertion of misunderstanding legal principles is still subject to the judgment of the court, and this is examined.

According to the reasoning of the lower judgment on the Defendant’s assertion of misapprehension of the legal doctrine, the Defendant is a person who runs the food manufacturing and processing business under the name of E, and the Defendant, at the request of G, may recognize the fact that the Defendant loged and processed the sled fish, which is a kind of food, and supplied to G without marking according to Article 10(1) of the Act.