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(영문) 서울북부지방법원 2014.10.16 2014고단2401

농수산물의원산지표시에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who runs the meat sales business in B and has twice the record of violating the country of origin labeling.

No one shall sell agricultural and fishery products or the processed products thereof with the country of origin disguised, sell such products mixed with other agricultural and fishery products or the processed products thereof, or store or display such products for sale.

At the meat store operated by the Defendant of Dobong-gu Seoul Metropolitan Government, the Defendant purchased an amount equivalent to KRW 160 km, 2,000,000, which was 160 g, 2,000,000, which was the air conditioners for the air conditioners in Seongdong-gu, Seoul. From March 8, 2014 to April 1, 2014, the Defendant sold the amount equivalent to KRW 157.6 g, 2,600,40, which was the air conditioners in the U.S. at the domestic origin, by disguiseding the amount equivalent to KRW 157.6 g, 2,600,00 from March 8, 2014. On April 1, 2014, the Defendant displayed the amount of KRW 2.4 g, 48,000, which was the air conditioners in the U.S. at the domestic origin.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. On-site evidentiary photographs;

1. Application of business registration certificate, report completion certificate, and Acts and subordinate statutes governing family relations certificates;

1. Articles 14 and 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products (Concurrent Imposition of Imprisonment and fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been sentenced to a fine twice for the same kind of crime, has repeatedly committed the crime of this case, and the defendant seems to have no effect to prevent recidivism any more than a fine alone.

In addition, the sentencing factors, such as the background and form of the instant crime, the circumstances after the instant crime, the character and conduct of the Defendant, and the environment, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.