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(영문) 수원지방법원 2016.09.09 2016노4917

농수산물의원산지표시에관한법률위반

Text

All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

1. The appellant for the judgment on the appeal filed by Defendant A shall submit a written reason for the appeal to the appellate court within 20 days from the date of receipt of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the written reason for the appeal is not submitted within the prescribed period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). According to the records, the appellate court shall dismiss the appeal by its ruling, unless the appellant for the appeal is submitted within the prescribed period (Article 361-4(1) of the same Act). Upon receipt of the notice of receipt of the records of trial from this court on July 18, 2016, the appeal filed by Defendant A against the lower court and received the notice of receipt of the records of the appeal from this court on August 4, 2016, but did not submit a written reason for appeal within 20 days, which is the period for submission of the grounds for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act. The appeal petition

2. Determination on the appeal by Defendant B and Prosecutor

A. The summary of the grounds for appeal (1) The punishment sentenced by the court below to Defendant B (10 months of imprisonment) is too unreasonable.

(2) The sentence imposed by the prosecutor by the court below to Defendant B is too unhued and unreasonable.

B. The judgment of Defendant B recognized each of the crimes of this case and reflected, and Defendant B was punished by a fine on around 2005 due to a violation of the Road Traffic Act (driving of alcohol), and there is no particular criminal record.

On the other hand, the crime of this case infringes on the right choice of consumers on food and undermines the sound distribution order of agricultural products and thus requires severe social harm and injury. Defendant B's sale of imported swine with the false marking of imported swine with the domestic swine with approximately KRW 29,00 kg for about one year and five months, and the period and scale of the crime are significant, such as the sales amount is about KRW 480,000,000,000, and Defendant B continued to commit the crime even while being investigated after the first crackdown.