식품위생법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.
2. In light of the scale, type of business, etc. of the instant business establishment, there seems to be no significant amount of profit arising therefrom, and the Defendant appears to have committed the instant crime at the request of E, a customer.
In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.
Therefore, the defendant's argument is justified.
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, and the judgment below is ruled again after pleading as follows.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 98 of the relevant Act on criminal facts and subparagraph 1 of Article 98 of the Food Sanitation Act, and Article 44 (3) of the same Act on the selective punishment (Selection of a punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. On the grounds of appeal for sentencing of Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered for the same reasons as set forth in the judgment above.