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(영문) 대전지방법원 2013.04.04 2012노2175

농수산물의원산지표시에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of one year of imprisonment and fine of 30,000,000 won imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. In light of the legislative intent of the Act on Origin Labeling of Agricultural and Fishery Products for the purpose of protecting producers and consumers by guaranteeing consumers' right to know agricultural products by allowing them to indicate their country of origin in an appropriate and reasonable manner, although it is recognized that there is no previous error, etc., a strict punishment is required for the defendant's act of indicating the country of origin in a false manner; the amount of the increase in sale by the defendant's false or disguised country of origin is substantial; the number of laws are organized and planned; the profits acquired by the crime of this case are deemed not to be significant; the crime of this case is very poor in light of the fact that the crime of this case is detrimental to the sound distribution order of the market and infringes upon consumers' right of choice and trust; the crime of this case is deemed to have been committed in full view of various sentencing conditions provided for in Article 51 of the Criminal Act, such as age, character, character, environment, motive, means, consequences, results before and after the crime, etc., and the circumstances before and after the crime of this case.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.