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(영문) 울산지방법원 2015.07.31 2015노516

농수산물의원산지표시에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The act of false indication of origin, such as the crime of this case, requires a strict punishment of social harm, such as infringing consumers' right food choice and trust, and impairing sound distribution order of agricultural products, etc.

However, in full view of all of the circumstances favorable to the defendant, including the fact that the defendant recognized all of the crimes in this case and reflects the depth of the defendant, that the defendant is a primary offender who has no criminal history, and that the defendant marks that he/she is an import acid, etc., and all of the sentencing conditions specified in the arguments in this case, such as the defendant's age, family relation, criminal record, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., it is not determined that the sentence imposed by the court below is too unreasonable.

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