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(영문) 춘천지방법원 2018.08.29 2018고정190
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a staff member of C High School in Chuncheon City, who is employed as a dietitian of a group meal facility and provides students with food.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or use a false indication likely to cause confusion as such.

Nevertheless, on March 7, 2018, the Defendant purchased at KRW 160 kilograms 1,88,000 from E, a corporation located in Chuncheon-si, and indicated on March 7, 2018 that the country of origin of beef may be confused with the country of origin of beef as “Korea-Fro, Australia, and Australia,” [Korea-U.S., and the country of origin labeling] in [Korea-U.S. Co., Ltd.], and [Korea-U.S., U.S., and the country of origin] with the “Korea-U.S. beef (type)/processed products” (type of beef)/processed products: Korean-U.S., and the country of origin].

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the investigation report (specific number of violations), one set of origin, one set of three months, 14 copies of evidence, 14 copies of evidentiary photographs, and 14 copies of investigation report (specific number of violations);

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Articles 14 (2) 1 and 6 (2) 1 of the same Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant is the primary offender; and (b) the Defendant appears to recognize and reflect the instant crime; and (c) there are factors for sentencing favorable to the Defendant.

However, there are many elements of sentencing that are disadvantageous to the defendant, such as the fact that the amount of the crime is not significant in light of the quantity of the small flag purchased by the defendant, the number of persons provided with meals, and the defendant's crime is not only the trust in the indication of origin but also the crime that damages trust in school meals.

In addition, the age, sex, environment, motive and background of the crime of the defendant.

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