농수산물의원산지표시에관한법률위반
All appeals filed by the prosecutor, the defendant A, and C are dismissed.
1. Summary of grounds for appeal;
A. (1) The Prosecutor’s (1) the sentence imposed by the Defendant A and C (each of eight months of imprisonment) is too unhued and unfair.
(2) Although the court below found Defendant B not guilty of the facts leading to Defendant B’s crime even though it could sufficiently be recognized that Defendant B her aided and abetted Defendant A to commit a crime with a false indication of origin by mixing the domestic rice with the domestic rice, the court below erred by misapprehending the fact that Defendant B was not guilty.
B. The punishment imposed by Defendant A and C (eight months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. We examine the judgment on the assertion of unfair sentencing by the public prosecutor, the defendant A, and C, and the facts that the confession of the crime of this case and the profits acquired by the crime of this case do not seem to exist much. However, the crime of this case was committed by the above defendants by falsely marking the origin of agricultural products and selling them in a false manner, and there is a need for strict punishment as it infringes the consumer's right to know and undermines the distribution order of sound agricultural and fishery products, and there is a need for strict punishment. The fact that the rice whose country of origin was falsely marked by the above defendants as domestic rice was sold to 2560 g above 2,560 g above, and the amount exceeds about 97 million won, etc. are disadvantageous to the above defendants.
In full view of these circumstances, comprehensively taking into account the above Defendants’ age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime, etc., the sentencing of the lower court is too heavy or unreasonable. Thus, the prosecutor and the above Defendants’ assertion are without merit.
B. The prosecutor's assertion of mistake of facts against the defendant B (1) The defendant B of the facts charged operates T in the warehouse located in Chungcheongnam-si, Nam-si, and the date and time the defendant A entered in the facts of the crime.