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(영문) 부산지방법원 2017.06.02 2017노931

농수산물의원산지표시에관한법률위반

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the sentence to be suspended (the fine of a fine of 500,000 won) by the lower court is deemed to be too unfilled and unfair.

2. The crime of this case is acknowledged that the defendant's false indication of the origin of the Chinese traditional kimchi differently from the fact, undermining the sound distribution order and undermining the consumer's trust, the liability for the crime of this case is not against the law.

However, considering all of the sentencing conditions stated in the pleadings of the instant case, such as the confession of the Defendant, the primary offender, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.