농수산물의원산지표시에관한법률위반
The judgment of the court below is reversed.
Defendant
A Imprisonment of one year and six months and fine of 15,000,000 won, and Defendant B farming association corporation.
1. The decision of the court below on the summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, the suspension of execution of three years, the fine of thirty million won, and the fine of thirty million won for the defendant B: the farming association corporation) is too unreasonable.
2. Although there are criminal records in the same kind of crime against Defendant A, and there are many products sold with the country of origin falsely, the Defendants are against the confession of the crime in this case, and the actual profit gained from the crime in this case seems to be not much high. Defendant A appears to have attempted to correct his own mistake, such as ordering the Stickers indicating the country of origin before the commencement of the investigation into the crime in this case. Defendant A is currently indicating the country of origin true; Defendant B’s employees desire to indicate the origin true; Defendant B’s employees want to take the Defendants’ preference; and all other circumstances, such as Defendant A’s age, character and conduct, environment, motive and means of the crime in this case, the motive and consequence of the crime in this case, and the circumstances after the crime, etc., are considered to be inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 15 and 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products (Concurrent Imposition of Imprisonment and fines);
(b) Defendant B farming association corporation: Articles 17, 15, and 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products;
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendant A: Criminal Act;