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(영문) 창원지방법원 2016.08.24 2016노1122 (1)

식품위생법위반등

Text

1. The part of the lower judgment against the Defendants is reversed.

2. The Defendants shall be punished by a fine of KRW 5,00,000.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the lower court on the Defendants (six months of imprisonment, two years of suspended execution, two years of social service, 120 hours) is too unreasonable.

2. Each of the instant crimes committed by the Defendants, in collaboration with his accomplices, enticed not less than 60 women with free gifts, etc., and sold black ginseng, medical appliances, etc. via an exaggerated advertisement. In light of the purport of the relevant statutes, such as the Food Sanitation Act, etc., the crime is not good. The total sales from each of the instant crimes amounting to approximately KRW 100 million, and the fact that the Defendants had experience in engaging in a type of business similar to the instant case is unfavorable.

However, the defendants' confession and reflect all of the crimes of this case and make it hard for them not to engage in the business similar to this case in the future. Defendant E is the first offender who has no criminal history, Defendant B, D, and F has no record of being punished for the same kind of crime, the defendants merely participated in the crime under M's employment, not the overall leading of the crime of this case, and customers who purchased black ginseng, etc. in M want to take the preference against the defendants. It is difficult to view that the defendants who sold black ginseng, etc. were harmful products to health, and it is difficult to view that a considerable number of products sold at their request after the commencement of the investigation of this case were returned.

In full view of the above circumstances and other circumstances of sentencing, such as the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court to the Defendants is somewhat unreasonable.

Therefore, the defendants' argument of sentencing is justified.

3. In conclusion, the Defendants’ appeal is reasonable, and the Criminal Procedure Act is applicable.