식품위생법위반
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of 10 months and fines of 3,00,000, and Defendant B shall be punished by imprisonment with prison labor of 8 months and fine.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (one year of imprisonment and four million won of fine) on Defendant A and B’s assertion is excessively unreasonable compared to the extent of the Defendants’ responsibility.
B. Defendant C’s assertion (1) misunderstanding of the facts or misunderstanding of the legal doctrine, although the joint Defendant A and B had not transported or stored agricultural products purchased at the time and place indicated in the facts charged, the lower court convicted the Defendant of the charges by misunderstanding of the facts.
(2) The punishment sentenced by the lower court (six months of imprisonment, two years of probation, two years of probation, observation of protection, and community service) is unreasonable compared to the extent of the Defendant’s responsibility.
2. Determination
A. Before examining the reasoning of the Defendants’ appeal ex officio, prior to the judgment on the reasoning of the appeal, the Prosecutor conspiredd to purchase and sell the imported food without filing an import declaration as above in the trial of the Party, and decided the purchase price equivalent to approximately 1,415kg of agricultural products, such as the trends and shoulder that the Defendants purchased in China due to the influence of their names, around February 22, 2017, and the Defendant B decided the purchase price of the said agricultural products, the purchase price of which was determined by the above Boh, and the Defendant C stopped stopped the said agricultural products in the above terminal parking lot.
As a result, the Defendants conspired to store 1,415 km of agricultural products that did not file an import declaration for the purpose of sale.
“Around February 22, 2017, the Defendants conspired to sell and sell the imported food without filing an import declaration as above, and stored approximately KRW 1,451kg of agricultural products, such as trends, shoulderes, etc., that the Defendants stopped in the parking lot in the International Passenger Terminal 1 International Passenger Terminal 1 of the foregoing Incheon Port, and the F Cost Star 1,451kg of agricultural products, which were purchased in China.
Application for Amendments to Bill of Indictment.