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(영문) 수원지방법원 2014.04.24 2013노3545
농수산물의원산지표시에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Since the portion of the contribution made by the defendant without erroneous determination of facts is included in the sale quantity as stated in the facts constituting the crime in the judgment below, the court below erred by mistake

The sentence of the lower court on unreasonable sentencing (fine 7 million won) is too unreasonable.

Judgment

As to the assertion of mistake of facts, the court below rejected the defendant's assertion on the ground that the defendant made the same assertion as the reasons for appeal in this case, and the sales amount stated in the facts constituting the crime was calculated based on output from the main body of the defendant's business establishment and other livestock products other than mer New Zealand as stated in the facts constituting the crime in the investigation agency stated that they were used as volunteer activities for food donation. In comparison with the above judgment of the court below, the judgment of the court below is justified, and it is not erroneous in the misapprehension of facts and affected the conclusion of the judgment.

As to the assertion of unfair sentencing, the defendant reflects on the argument of unfair sentencing, the fact that the defendant has donated a considerable amount of goods to social welfare organizations, and that the defendant has no previous difference is favorable to the defendant.

However, the court below seems to have determined the amount of fine in consideration of the above favorable circumstances, and there is no change of circumstances that differs from the court below in the first instance, and the act of false indication of origin, such as the crime of this case, infringes on the right consumer's right food choice and trust and impedes the sound order in the market, and thus, the crime's nature is very poor, and it cannot be deemed that the court below's punishment is unreasonably heavy in light of all the sentencing conditions, including the defendant's age, character and behavior, environment, motive and circumstance of the crime

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason.

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