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(영문) 광주지방법원 2017.05.26 2017고정553
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who cooks and sells or provides agricultural and fishery products or the processed products thereof pursuant to the Act on Origin Labeling of Agricultural and Fishery Products shall not make a false indication of the relevant place of origin or make an indication that may cause confusion with such products.

When operating a general restaurant in the name of "C" in the Mine-gu Gwangju Metropolitan City, the Defendant purchased at 170 km-gu 170 km-chi from October 26, 2016 to January 17, 2017 in China in 161,500, China, and provided customers with kimchi 170 km-chi, among them, by cooking 95 km-gu in the cafeteria-gu in the cafeteria-gu in the cafeteria-gu, and stored 5 km-chi in the cafeteria-gu place of origin as "kimchi (domestic products)" in order to provide them by the above methods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. A written confirmation of violation and each description of the current status of receipts and disbursements of goods;

1. Application of statutes on images of evidence and photographs at the site;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 and 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the criminal liability is not less complicated in light of the content of the crime, the period of the violation, and the quantity of the alleged kimchi in violation of the Criminal Procedure Act.

There is a history that the defendant has been suspended from indictment for a similar crime.

In addition, the sentencing conditions shown in the records, such as the age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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