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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2019.06.14 2019노297
농수산물의원산지표시에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although it can be sufficiently recognized that the defendant had a criminal intent to commit a crime that may cause confusion with the country of origin as stated in the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The lower court determined that the instant facts charged was not guilty on the ground that it is difficult to readily conclude that there was an intentional negligence in labeling likely to cause confusion as to the Defendant’s country of origin, by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

In light of the records, the court below reviewed the evidence lawfully adopted and examined by the court below in light of the records, and the circumstances in the judgment of the court below are insufficient to find the defendant not guilty of the facts charged in this case on the Internet site as stated in its holding, the court below is just and acceptable, and since no new evidence has been submitted in the trial, there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor in the judgment of the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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