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(영문) 서울중앙지방법원 2015.04.30 2014노4524

식품위생법위반

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (5 million won of fine) is too unreasonable.

However, it is recognized that the defendant is the first offender, and confession and reflects from the investigation process.

However, considering the fact that the statutory penalty for the instant crime is imprisonment for not more than seven years or a fine not exceeding KRW 100 million, and that the Defendant’s entertainment bar business of the instant entertainment bar without permission from December 2, 2012 to May 14, 2014, which led to the Defendant’s occurrence of considerable amount of illegal profits, the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.