축산물위생관리법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.
2. The judgment of the court below is somewhat heavy in full view of the following factors: (a) the defendant was punished for the same kind of crime; (b) the defendant committed the crime in this case again during the grace period after being sentenced to a suspended sentence due to a similar crime; and (c) the distribution of livestock products for which the circulation period may directly harm the public health and public health; (c) the defendant is the time of committing the crime; (d) the defendant seems to have not much profits acquired from the crime in this case; (e) the defendant reflects his wrong life in custody for about eight months in this case; (e) the defendant must support his baby with his own mind; and (e) other factors of sentencing indicated in this case, such as the defendant's age, character and behavior, occupation and environment; (e) the process and consequence of the crime; and (e) the circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant statutory provisions for facts constituting an offense, the choice of punishment, and Articles 45 (1) 7 and 33 (1) 8 (each point for sales and storage of livestock products, the expiration of the distribution period), and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);
1. Social service order under Article 62-2 of the Criminal Act;