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(영문) 서울남부지방법원 2021.02.04 2020노1058

축산물위생관리법위반

Text

The judgment of the court below is reversed.

Defendant

Defendant C shall be punished by a fine of KRW 5 million in 10 months, respectively, and Defendant C shall be punished by a fine of KRW 5 million.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstandings, the Defendants sold freezing 2 and 3 of the quality of the 20th grade 3 in the F, etc., on the basis of its grade, only sold the freezing 2 and 3 grade 1 of the nivers of the nivers of the nivers of the nivers of the nivers of the F

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment and two years of suspended sentence; one year of imprisonment; two years of suspended sentence; two years of suspended sentence; two years of imprisonment and suspension of execution; two years of suspended sentence; Defendant C; and Defendant D: fine of 20 million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts and legal principles, the Defendants also asserted the same as the grounds for appeal, and the lower court found the Defendants guilty on the following grounds: (a) comprehensively explained the circumstances acknowledged by the evidence duly adopted and examined by the lower court in the part of the “determination on the Defendants and their defense counsel’ assertion”; (b) by selling the good of quality of class 2, 3, as one of class 1 or class 1, the Defendants indicated and advertised the quality of livestock products differently from the facts; and (c) by recognizing all the facts that the Defendants advertised to mislead or mislead consumers.

Examining the judgment of the court below closely after comparison with the records, it is justifiable for the court below to find the Defendants guilty of violating the Sanitary Control of Livestock Products Act on behalf of the Defendants. Meanwhile, the Defendants submitted a statement of sales of sales of the first floor store (sale data) from January 2016 to January 2017, and the part indicated as “other kinds” in the above statement is the sales details of the first class 2, and third class 3 making soup (total sales amount of KRW 87,895,918), and the sales details of the first class 2, and third class 3 soup (total sales amount of KRW 87,895,918). The portion indicated as “small flag,” “the second class 1,” “the second class 1, “the second class 1,” “the second class 1, “the second class 1,” “the first class 1, “the second class 1,” “the first class 1,” “the first class 2, and the third class 3,50-1.