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(영문) 인천지방법원 2016.05.13 2016노301

농수산물의원산지표시에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of suspended execution and three million won of fine in six months of imprisonment) is too unreasonable.

2. Although the Defendant’s primary offense is favorable to the Defendant, such as recognizing and opposing his mistake, the instant crime is deemed to be unfair in full view of all the sentencing factors of the Defendant’s age, sex behavior, environment, motive and background of the crime, period of the crime, size, and circumstances after the crime, etc., all of the sentencing factors of the instant case, including the following: (a) the Defendant’s act of processing and distributing agricultural products may cause consumers’ confidence in the distribution of agricultural products and cause consumers’ apprehensions as to the quality of agricultural products and product safety; and (b) the Defendant’s volume of rice sold with the country of origin is considerably large; (c) the period of sale is not shorter; and (d) the Defendant’s profit derived therefrom appears to be not considerable; and (e) all of the sentencing factors of the instant case, including the Defendant’s age, sex, motive and background of the

3. Accordingly, 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.