식품위생법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (2,00,000 won, probation, community service, etc. for one year of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The defendant's mistake is recognized, and the primary offender is a favorable circumstance.
On the other hand, even after the crime of this case was committed on November 23, 2010, the period of the crime of this case is more than two years, the frequency of sales is more than 145 times, and the sales amount is more than 100 million won, and the defendant continues to sell the illegal multiple-traw food of this case and sells it without good quality, etc.
In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.