농수산물의원산지표시에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and February of one year and a fine of twenty thousand won.
The defendant above.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the Defendant both recognized and reflected the instant crime, etc., the sentence of imprisonment (one year and six months of imprisonment, fine of twenty million won, and confiscation) by the lower court is too unreasonable.
2. Determination of the crime of this case is a very large amount of agricultural products that belong to the country of origin and sold, the scale of the agricultural products sold, the sales proceeds, and the scale of the agricultural products stored for the purpose of sale, and the fact that it is difficult to compensate for damage after the agricultural products are distributed in the market due to the characteristics of the crime of this case, and that the act of selling agricultural products as if they belong to the real place of origin and are domestically in sales should be strictly punished as an act disturbing
However, all of the crimes of this case are recognized by the defendant, and there is no criminal record exceeding the same criminal record and fine, the defendant has been engaged in volunteer activities relatively constantly, and the defendant has contributed 50 million won to the court below and re-influences. Many community residents want the defendant's preference, and the defendant's age, sexual conduct, environment, motive and background of the crime, means and result of the crime, the various sentencing conditions specified in the arguments of this case and the scope of the recommended sentencing guidelines (1 to 3 years) [the scope of the recommended punishment] [the scope of one year to 50 million won] basic area (1 to 3 years) of the basic area (1 year to 50 million won): The court below's punishment is too unfair by taking account of the increase in the first step as a result of the combination of identical types of crimes.
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 reversed and it is again decided as follows
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below.