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(영문) 대전지방법원 2014.10.02 2014고정1380

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant “C” in Daejeon Dong-gu, Daejeon.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, the Defendant indicated in the cafeteria New Market inside the restaurant as “scopic (Scopic)” and provided the U.S. Socopic (U.S.) machine purchased from the gallongal (S.) located in Daejeon-dong, with a total of 2.5 km from February 10, 2014 to May 26, 2014, one time, using 2.5 km each time from February 10, 2014 to 7.5 km each time to 7.5 km.

As a result, the Defendant provided the country of origin of the classical flag to the booms by using the U.S. bovineist flag, thereby falsely indicating the origin of the classic flag as Australia.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the photographic Acts and subordinate statutes, such as the details of detection, the Director of the Customer (U.S. Supreme Court);

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In addition, it seems that criminal proceeds are not significant, and the risk of recidivism is low by changing the origin labeling.

In this context, the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime are considered, the punishment as ordered shall be determined.