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(영문) 대전지방법원 2015.12.10 2015노2979

농수산물의원산지표시에관한법률위반

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in 10 months of imprisonment and fine of two years of suspension of execution and fine of three million won, probation, and community service order) of the lower court against the Defendant is unreasonable.

2. The act of selling indications that may cause confusion with the country of origin, such as the crime of this case, is likely to disrupt the distribution order of agricultural and fishery products and infringe consumers' trust and right to know, and the liability for the crime of this case is not weak. The defendant again committed the crime of this case even though he had the record of criminal punishment for the same crime, and some of the crimes were committed during the suspension period, which is disadvantageous to the defendant, or the defendant's confession of the crime of this case and reflects his mistake, and the defendant seems to have not much profits actually acquired as a result of the crime of this case. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means and consequence, circumstances before and after the crime of this case, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, since it is apparent that Article 38 (1) 2, subparagraph 3, and subparagraph 3 of the Criminal Procedure Act have been omitted, among the "application of laws and regulations" of the judgment below, the addition to the above shall be made ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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