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(영문) 수원지방법원 2018.06.29 2018노2398

식품위생법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In light of the fact that the Defendant committed the instant crime with the same content, even though he/she had the record of being sentenced to two times from July 2013 to July 2014, and from November 8, 2014 to May 8, 2015, in full view of the fact that he/she committed the instant crime with the same content, even though he/she had the record of being subject to two times of criminal punishment by running a restaurant in the same place without reporting to the competent authority at the same place, at the same time, at the same place as the development restriction zone and the water source protection discipline zone around September 2013, and the judgment of the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

3. The defendant's appeal is without merit, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (the "criminal facts" of the court below in accordance with Article 25 (1) of the Regulation on Criminal Procedure is dismissed. However, the part of "D" in the second part as "D's retail store in Gyeonggi-gu P" and "C" in the second part as "D's mutual retail store in Gyeonggi-gu P," and the part as "C" in the first part as "P."