(영문) 전주지방법원 2018.01.12 2017노1515



All appeals by the Defendants are dismissed.


1. The sentence of the lower court (Defendant A: imprisonment with prison labor for one year and six months; suspension of execution for two years; and Defendant B’s agricultural partnership: fine of 20,000,000) is too unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) It is reasonable to respect the first instance judgment in a case where: (a) Defendant A’s mistake is recognized and contradictory; (b) each of the of the of the of the of the of the of the of the of the instant crimes appears to be in accordance with the practices of the administrative agencies; (c) it appears that the degree of illegality is not significant; and (d) the Defendants did not have any benefit gained from the instant crime; and (e) the Defendants did not have any criminal conviction exceeding the same kind of criminal conviction or fine.

However, the court below appears to have determined the punishment against the Defendants in light of all the above circumstances, and there is no particular change of circumstances in the matters subject to sentencing after the sentence of the court below, and each of the crimes of this case is sold or displayed in the state including the quality inspection pass certificate, country of origin mark, and toxic harmful substances, etc., in light of the characteristics of the product, the quality of the crime of this case is not less complicated, and other various sentencing conditions specified in the records and arguments of this case, including Defendant A’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., after considering the following circumstances, the sentence of the court below is too unreasonable.

Therefore, it is true.