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The judgment below
The remainder, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.
Reasons
1. The gist of the grounds for appeal by the defense counsel is that the extent of the G of this case has efficacy, the Defendant led to confession of the facts charged in this case and reflects his mistake, the Defendant agreed with the victims after the judgment of the court below, and the Defendant did not have any criminal record other than the fine for one-time drinking driving, etc., and thus, the sentence of the court below sentencing one year is too unreasonable.
2. The judgment of the court below is too unreasonable in light of the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, and the criteria for the scope of recommendation and suspension of execution according to the sentencing guidelines for fraudulent crimes, as well as the following factors: (a) the confession of the facts charged of this case and the violation of his mistake; (b) the defendant agreed with the victims after the judgment of the court below; (c) the other many persons who purchased the G of this case from the defendant; and (d) the defendant did not have any other criminal records other than the one-time fine for drinking driving; and (e) the defendant did not have any other criminal records; and (e) the motive and background leading up to the crime of this case; (e) the circumstances before and after the crime of this case
3. Since the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the remaining part of the judgment below excluding the rejection of an application for compensation order and an order for compensation pursuant to Article 364 (6) shall be reversed.
Criminal facts
The Defendant is a person who operates a multi-level office that sells “G”, a health functional food produced in F, with the trade name of “E” from the D 2nd floor in Sipoposi.
1. Any person who violates the Health Functional Foods Act shall use the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of health functional foods;