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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s respective sentences against the Defendants (Defendant A: imprisonment with prison labor for one year and six months, suspended execution for three years, community service for 160 hours, Defendant C corporation: fine of 30 million won) are deemed to be too unreasonable.
2. The crime of this case is not very good in that it interferes with the sound distribution order of the agricultural and fishery products market and infringes on the right food option and trust of consumers.
However, comprehensively taking account of the following factors: (a) the Defendants led to the instant crime; (b) the Defendants did not have the same criminal record and had no record of being sentenced to a fine; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) the circumstances after the commission of the crime, the lower court’s punishment against the Defendants is too uneasible and unreasonable.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.