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(영문) 광주지방법원 2013.10.02 2013고단2656

농수산물의원산지표시에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates resting restaurants in the name of "D" in Gwangju Northern-gu C.

Although a person who prepares and sells agricultural and fishery products or their processed products has not committed an act of falsely indicating the place of origin or making an indication likely to confuse it, the Defendant: (a) from March 9, 2012 to May 23, 2013, purchased 17,043,366 km 17,752.06 km from the (main) Gwangju Mine to the regular course of business in the relevant restaurant; (b) made an advertisement by stating that “I live every day with various herb drugs using domestic swine spawn, etc.”; (c) from around March 9, 2012 to around May 23, 2013, 307: (d) purchased 17,043,366 g of the market price from the (main) 17,752.06 g of the head of origin; and (d) made a false statement on the (including domestic mountain spawn) 307,5370 g of the place of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the purchase of copies of the Customer's president, U.S. S. S. S. S. S. pigs;

1. 14 copies of the photograph of the violation site;

1. Application of Acts and subordinate statutes to report on investigation (report on details of purchase of satisfactions for the United States swine);

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with labor;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the act of falsely indicating the origin, like the instant crime, requires public interest to punish the act of falsely labeling the origin, but there is a high need to strictly punish the Defendant, and there is no criminal conviction for the same kind of crime, the amount of satisfaction sold by the Defendant with the origin falsely indicating the origin, and all other sentencing circumstances, including the Defendant’s age, character and conduct,