농수산물의원산지표시에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 80 hours of community service) of the lower court is too unreasonable;
2. The crime of this case requires a strict punishment as an act interfering with the fair trade of agricultural products and the trust of consumers in the trade of agricultural products. However, in light of the following circumstances: (a) the defendant is a small merchant; (b) the confession and again does not commit the same crime; and (c) the defendant does not have the same criminal record; and (d) other various circumstances, which are the sentencing conditions in the instant case, such as the motive and circumstance of the crime of this case; (b) the defendant’s age, character, conduct and environment, etc., the punishment imposed by the court below is somewhat inappropriate, and thus, the defendant’s assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 14 and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products concerning facts constituting an offense (or, in general, choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;