식품위생법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 4 months) declared by the lower court is too unreasonable.
Although the Defendant took the erroneous determination of facts against the judgment of the court of first instance as the grounds for appeal, the Defendant withdrawn such grounds for appeal on the fifth trial date of the court of first instance.
2. Prior to the judgment on the grounds of ex officio appeal, the first and second court rendered an ex officio decision on the defendant's grounds of appeal with the court below 2012 senior 11306 of this court and the court below rendered a decision not to apply the case of concurrent crimes under Article 38 of the Criminal Act as a result of a separate examination by this court's 2012 senior 11306 of this court and this court's 2013 senior 5210, and the defendant filed an appeal against each of the above judgments and decided to hold concurrent trials. The first and second court's decision on each of the crimes against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and the sentence is to be determined within the scope of punishment determined by applying the case of concurrent crimes under Article 38 of the Criminal Act.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and the evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, except for correcting " March 30, 2012" as " March 30, 2012" under paragraphs (1) and (2) of the facts constituting a crime in the judgment of the court of first instance, and " April 3, 2012" under paragraph (2) as " April 3, 2013," and as stated in each corresponding column of the judgment of the court below, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 95 of the Food Sanitation Act applicable to criminal facts and Articles 95 subparagraph 1 and 7 of the option of punishment;