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(영문) 대구지방법원 2014.12.05 2014노1247

농수산물의원산지표시에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below is in favor of the defendant, such as the confession and reflect of the crime of this case, the fact that the defendant has no record of punishment for the same kind of crime, and that the defendant has engaged in community service and other various activities. However, the crime of this case is a false indication of agricultural and fishery products in a restaurant as the crime of this case requires strict punishment in violation of the legislative intent of the Act on Origin Labeling of Agricultural and Fishery Products aiming at protecting producers and consumers by ensuring proper and reasonable country of origin labeling, and inducing fair trade. The crime of this case was committed in two businesses for about one year and five months, including the crime of this case, the defendant was punished three times (three times of fines) including the crime of the Food Sanitation Act, the prosecution claimed a summary order of KRW 3 million for the crime of this case, and the defendant appears to have been sentenced to a fine of KRW 2 million which is favorable to the defendant, considering the above circumstances, the defendant's motive for the crime of this case as well as the motive for the punishment of this case, equity and other reasons for the crime of this case, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.