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(영문) 의정부지방법원 2016.01.15 2015노2922
식품위생법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, for ten months, and for eight months, for Defendant C.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments imposed by the lower court on the Defendants (one year of imprisonment, ten months of imprisonment, and eight months of imprisonment) is excessively unreasonable.

2. The judgment of the court below is based on the following facts: each of the crimes of this case is acknowledged as disadvantageous to the defendants: (a) soliciting older persons or female workers by providing them with free tourism in connection with tourist business operators; (b) advertising them by false or exaggerated means about the efficacy of food and products; and (c) selling them; (d) in light of the content and method of the crime; (c) the purport of the relevant Acts and subordinate statutes, such as the Food Sanitation Act; and (d) the sales period and sales amount; (b) there is a considerable difference between the cost and sales amount of the goods sold by the defendants; and (c) Defendant B has recruited tourists by soliciting them free of charge to visit the selling business by soliciting them; and (d) has performed an important role in the crime of violating the Act on Door-to-Door Sales,

However, the defendants acknowledged the facts of the crime of this case and are against their own mistake, and closed the business of the company that operated the business and did not commit the same kind of crime again, and the circumstances such as the harm of food and products sold by the defendants or serious defects were not peeped, and the defendants agreed with some victims (as to the defendant A and C, the defendant B, the 11, and the 10 million won), and the amount equivalent to the profits they acquired from the crime of this case (as to the defendant A and the defendant B, the 20 million won, and the 10 million won) was returned to the children and juveniles of the vulnerable group and made efforts to recover social trust. The defendants had dependents, there were no criminal records of the same kind of crime and there were no criminal records punished by imprisonment, and the defendants were detained for two or more months after the sentence of the court below was sentenced.

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