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(영문) 전주지방법원 2019.08.14 2019노631
식품위생법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant and the unfavorable circumstances, the lower court determined the sentence by comprehensively taking account of all the circumstances favorable to the Defendant, and there is no change in the sentencing conditions compared with the lower court on the grounds that no new sentencing data has been submitted in the trial. In full view of the various sentencing conditions expressed in the record and oral proceedings in this case, the lower court’s sentencing is too unfeasible, and thus, does not seem to have exceeded the scope of reasonable sentencing discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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