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(영문) 인천지방법원 2015.06.19 2015노1181

축산물위생관리법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution, three years of probation) is too uneased.

2. In full view of the circumstances, such as the fact that the instant crime was committed upon the return of the livestock products, which had the expiration of the distribution period, and was kept for the purpose of sale without disposal, or processed, processed, and packaged, etc., which might cause harm to national health, but the Defendant recognized all the instant crime at the time when the Defendant was in the first instance, and the processed spice seems to have not been distributed actually, and other circumstances, including the criminal punishment against accomplices, equity between the criminal punishment against the Defendant, character and conduct, the Defendant’s environment, the motive and means of the instant crime, and the consequences of the instant crime, and the circumstances following the crime, etc., the sentence imposed by the lower court against the Defendant is deemed to be adequate.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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