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(영문) 전주지방법원 2016.09.30 2016노706
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 800,000) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) there is no past history of criminal punishment or criminal punishment heavier than a fine for the same kind of crime; and (c) the fact that the instant restaurant business suspended after the commission of the crime appears to be favorable to the Defendant.

On the other hand, the crime of this case is a case where the defendant runs a restaurant business without reporting the business of the defendant, and the crime of this case is not less than the nature of the crime, the period of non-reported business reaches 28 days, and the profits from the business of non-reported business seems to be considerable, and the court below imposed a fine to be reduced than the summary order in consideration of the favorable circumstances of the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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