식품위생법위반
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
(b).
1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for eight months) is too unreasonable.
2. The judgment of the court below is acknowledged that Defendant A purchased and distributed illegally imported agricultural products on a regular basis from a Chinese person called ‘public interest', and Defendant B purchased and distributed such illegally imported agricultural products. In light of the period of the crime, the quantity of the agricultural products distributed by them, the method of the crime committed in the course of the business, etc., the Defendants’ crime is considerably not good, and the Defendants have records of the same kind of crime before the instant case.
However, on the other hand, in full view of all the sentencing factors indicated in the pleadings of this case, including the defendants' age, sex, environment, health conditions, motive and background of the crime, means and consequence, the punishment imposed by the court below is too too unreasonable and unfair, since the defendants were sentenced to punishment for a long time, the defendants did not have any record of punishment other than fine due to the previous criminal acts of the same kind before the crime of this case, the health of the defendants A is not good, the defendants' family members complain of the preference, and all of the sentencing factors indicated in the arguments of this case, such as the defendants' age, sex, environment, health conditions, motive and circumstance of the crime, means and consequence, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the judgment of the court below against the Defendants is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 94(1)1 and Article 4 Subparag. 6 of the Food Sanitation Act, Article 30 of the Criminal Act (including the sale of unreported imported foods), and Article 94(1) of the Food Sanitation Act.