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(영문) 광주지방법원 2018.09.04 2017노4638

농수산물의원산지표시에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. Of the daily list of crimes attached to the judgment below, 140g, 300g, and 1kg (the part seized by the defendant) among the defendant's list of crimes attached to the court below

5. The F red paper powder and seizure number;

7. As a result, as a mixture of molds 140g, 300g, and 1k straw powder (Seizure No. 15 December 11, 140g, 140g, 300g, and 1k straw powder (Seizure No. 15 December 15, 191) in the list of crimes attached to the lower judgment, is domestically produced.

Even if 140g, 300g, 1kg, and 15 December 15, 190 were not domestically produced, the Defendant made a mixture of domestic molds, and thus, was known to be domestically produced, and there was no intention to indicate the country of origin in a false manner.

2) It is difficult to believe that the agricultural product quality managers remaining in the agricultural product quality managers, the agricultural product quality managers test institute, and the expert witness of the court below conducted different appraisal results.

B. Of the list of crimes attached to the lower judgment, the possibility of mixing the molds of other companies (hereinafter “B”) at the time of collecting the molds of 3 km and 5 km (the part seized by a consumer, such as AP restaurant) in the list of crimes attached to the lower judgment cannot be ruled out. As such, the result of the appraisal determined as China cannot be trusted.

2. Determination

A. In full view of the judgment of the court below and the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion about the red powder powder of 140 g, 300 g, 1k g, and 1k g among the daily list of crimes attached to the court below, the judgment of the court below and the evidence duly admitted by the court below can be recognized as follows: 140 g, 300 g, 1k g, and 15 g among the daily list of crimes attached to the court below and the defendant intentionally indicated the country of origin while 140 g, 300 g, 1k g, and 15 g as above, the defendant intentionally indicated the country of origin by being aware of the fact that the Chinese red powder powder of 140 g, as above.

Defendant’s assertion is not accepted.

1) Of the list of crimes attached to the judgment below, 140g, 300g, 1kg, red powder powder (Seizure No. 11. 15 December 15, 11).