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(영문) 대전지방법원 2016.11.24 2016노2315

농수산물의원산지표시에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the court below on the defendant is too unreasonable.

2. In full view of the circumstances favorable to the Defendant, or the fact that the Defendant led to the confession of the instant crime, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence, and other circumstances before and after the instant crime, and other circumstances deemed by the lower court to have exceeded the reasonable bounds of discretion in sentencing, or there are no newly discovered materials in the course of the instant sentencing trial (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As such, the Defendant’s assertion of unfair sentencing is unreasonable on the grounds that the sentence imposed by the lower court

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