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(영문) 서울고등법원 2018.10.11 2018노1570

농수산물의원산지표시에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of one year and six months, fine of thirty million won) is too unreasonable.

The Defendant asserted the mistake of facts in the statement of reasons for appeal, but this Court withdrawn the above argument on the first trial date.

2. The instant crime was committed by the Defendant, from October 24, 2016 to June 23, 2017, by mixing the country of origin with the domestic origin, or by selling 39,775.2 km of Spain to a restaurant specialized in spanching spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish spanch spanch spanch spanch spanch spanch spanch spanch spanch spanch spanch

The defendant is in depth against his will.

However, the period of the instant crime is not less than the short period, and the amount of Spain spanish spanish spanish spanish spanish spanish spanish spanish spanish spanish span

Not only the period during which the Defendant was under criminal trial for the same kind of crime in the Goyang Branch of the District Court, but also on May 11, 2017, the Defendant was sentenced to imprisonment for 10 months, 2 years of suspended execution, and 20 million won of fine in the above court on May 19, 2017, and the judgment became final and conclusive on May 19, 2017 and became final and conclusive on May 19, 2017, but also committed the instant crime.

In full view of the above circumstances and the Defendant’s age, relation, sex, environment, motive and means of the instant crime, results, and the scope of recommended sentences based on the sentencing guidelines of the Supreme Court Sentencing Committee, the sentence on the Defendant is inevitable, and the sentencing of the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

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