The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the defendant's trading ledger of mistake of facts, it is reasonable to view that the defendant sold marbing marbing marbing that made it possible for the defendant to use the country of origin labeling as a Spanish even at the time of crackdown on May 18, 2012, in light of the fact that the defendant purchased spanish spanish spanish spanish spanish spanish spanish spanish spanish for more than one month after purchasing spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish span. However, the judgment of the court below acquitted the facts

B. The court below erred by misapprehending the legal principles that found the defendant not guilty of the facts charged in this case on a different premise, which affected the conclusion of the judgment by misapprehending the legal principles on the organic interpretation of Articles 15, 6(2) and 5 of the Act on Origin Labeling of Agricultural and Fishery Products and attached Table 4 of the Enforcement Decree of the Act.

2. Determination

A. We examine the judgment on the assertion of mistake of facts, and the evidence that there is a criminal fact in the criminal procedure shall be presented by the prosecutor. Even if the prosecution of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant. The proof of criminal facts should have a judge have high probability to recognize high level of probability to the extent that there is no reasonable doubt, and if there is no evidence to form such a conviction to the extent that there is no evidence, the suspicion of guilt is against the defendant.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.).