식품위생법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of two million won imposed by the court below against the Defendants is too unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s given the Defendants’ age, character and conduct, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment against the Defendants is too excessive to exceed the reasonable scope of discretion, and thus, the Defendants’ assertion is without merit.
3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, according to Article 25(1) of the Regulation on Criminal Procedure, each "Food Sanitation Act" in the third and fifth stages of the application of the law of the court below shall be deemed to be "former Food Sanitation Act (wholly amended by Act No. 15484, Mar. 13, 2018)".