농수산물의원산지표시에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The instant crime of determining the grounds for appeal is a matter of marking that the Defendant might cause confusion as to the country of origin while using domestic culture culture products in a restaurant. This is an act of undermining the distribution order of agricultural and fishery products and infringing the consumers’ right to know, and the fact that there is a need for punishment corresponding thereto is an unfavorable condition against the Defendant.
However, in light of various sentencing conditions indicated in the record, such as Defendant’s age, character and conduct, family relation, background and motive of the crime, and circumstances after the crime, etc., it is recognized that the sentence (fine 500,000) imposed by the lower court is too unreasonable, in light of the following circumstances: (a) the Defendant, who recognized the instant crime and did not repeat the crime; (b) the Defendant had no record of criminal punishment prior to criminal punishment; and (c) the Defendant, in a small restaurant where knch water and decentralization were sold, the origin of other materials may be confused only with the origin of the knife Kimchi provided, while properly indicating the origin of other materials; and (d) it is difficult to see the degree of damage inflicted by the Defendant or the consumers caused by the said act as above,
2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;
1. The former Criminal Act (amended by Act No. 12575, May 14, 2014).