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(영문) 광주지방법원 2018.09.18 2018노738

소금산업진흥법위반

Text

The judgment below

The guilty part against Defendant C is reversed.

Defendant

C A person shall be punished by imprisonment for not more than four months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C (an improper sentencing)’s punishment (an administrative fine of KRW 2 million, Defendant C: a fine of KRW 5 million) is too unreasonable.

B. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the Defendant produced salt in the salt farm as stated in this part of the facts charged and sold it to DC without undergoing a quality inspection.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

2) In light of Article 2 subparag. 4 of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “Rules of Origin Labeling Act”), it constitutes “a false labeling of origin” under Article 6(1)1 of the Origin Labeling Act to indicate the origin of salt produced in salt farms located in “Fapo City”.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of legal principles.

3) The lower court’s sentence against Defendant A, C, and D (as to Defendant A, Defendant A, Defendant C, and Defendant D) (as to Defendant A, 2 years of suspended sentence in six months of imprisonment, Defendant C: 5 million won in fine, and Defendant D: 2 years of suspended sentence in eight months of imprisonment) is too uneased and unfair.

2. Determination

A. 1) The lower court’s assertion of mistake as to the prosecutor’s fact-finding was based on the following circumstances acknowledged by the evidence duly adopted and investigated by Defendant A, i.e., the fact that: (a) the Stickers attached to salt pan sold by Defendant A

(2) At the time of this case, at the time of the salt farm licensed by BP and DE, it seems that only Defendant A and B produced salt, but not directly produced salt, and that the BP and DE were not directly produced. Although BP and DE were approved, the salt quality inspection Stick was issued with the permission of BP and DE.

Even if the defendant A and B are involved, the defendant A and B.