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(영문) 인천지방법원 부천지원 2016.07.21 2016고단1162
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for six months and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From November 29, 2012 to January 19, 2016, the Defendant indicated “C” general restaurants located in Nowon-gu, Nowon-gu, U.S. and U.S., U.S., in which Defendant’s operation was performed, as well as “A”, to provide a small flag with a small flag without the permission of the Defendant’s operation, the Defendant indicated “scambling, soil slaughter, debts slaughter, tea strawing, scambling, scambling, and scams mixed with imported meat and domestic acid.”

However, during the so-called so-called so-called "A", all of the Al-Bags used in the slaughter, soil-to-land slaughter, debts slaughter, tea-to-land stuffing, Twel and water dynasium gysium, and gysium imported in U.S. dollars.

As such, the Defendant sold and provided a small machine with a mark that may cause confusion with the country of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. Each trade data (List 2 through 6, 9, 12);

1. Each investigation report (List 10, 11);

1. Application of photograph (List 16) Acts and subordinate statutes;

1. Relevant laws and Articles 15 and 6 (2) 1 (generally) of the Act on Origin Labeling of Agricultural and Fishery Products, imprisonment with labor and fines concurrently imposed on the facts constituting an offense, and both of them;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the sentencing of Article 334(1) of the Criminal Procedure Act are as follows: (a) the consideration of the defendant's favorable reasons for the sentencing of Article 334(1) of the Criminal Procedure Act (which does not indicate the country of origin completely false; (b) the price of the above A Art, which provides a small amount of money less than 20,00 won per person with no accusation, does not seem to have been considerably unfair gains actually acquired; (c) it appears that it was considerably actively cooperated in the investigation from the early stage of the investigation; (d) the indication of the country of origin was corrected immediately after the detection of the crime; (e) the unfavorable circumstances (the period of the crime is three years for which the period of the crime is longer than three years; and (e) the price of the A Art during which the above period reaches about 200,000 won), and (e) other factors for the sentencing of the defendant, including the age, character, living environment

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