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(영문) 서울남부지방법원 2018.04.05 2017노581

식품위생법위반

Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal 1. The punishment for deliberation (five million won punishment) shall be excessively unreasonable.

2. The judgment of the defendant is advantageous to the confession of the crime of this case, the defendant's health condition is not good, and the crime of this case seems to lead to the crime of this case under the circumstances where he suffered difficulties in living. The fact that the defendant has no record of punishment for the same crime is favorable.

However, the crime of this case is committed by purchasing and transporting food for sale without filing an import declaration, and the food imported for sale has been distributed in the market after the completion of a prescribed inspection, thereby preventing harm caused by the food, and hindering the purpose of the Food Sanitation Act for the purpose of promoting and improving national health, and thus, the crime is not less complicated, and the crime is committed again after two months after the discovery.

In addition to the above circumstances, the court below appears to have sentenced to a fine reduced than the summary order, taking into account the circumstances favorable to the defendant, and there is no change of circumstances that could change the punishment as determined by the court below, and considering the defendant's age, sex, environment, motive and background leading to the crime of this case, its means and consequence, and all of the sentencing conditions in the records and theories of this case, including the circumstances after the crime, there is no punishment imposed by the court below, and it does not seem unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.