(영문) 창원지방법원 2016.10.13 2016노1255 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.10.13 2016노1255

친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant had advertised a product that did not obtain certification of environment-friendly agricultural products as a certified product, the court below erred in misunderstanding of facts and misunderstanding of legal principles against the Defendant, which judged otherwise and sentenced him guilty.

B. The judgment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. We examine the judgment on the assertion of mistake of facts and misapprehension of legal principles, and the defendant also asserted the same as the above grounds for appeal, and the court below rejected the defendant's assertion in light of the circumstances as stated in its reasoning.

Examining the judgment of the court below closely with the records, the judgment of the court below is just and acceptable, and the defendant's assertion is without merit.

B. In full view of the following: (a) determination on the assertion of unfair sentencing; (b) the degree of violation of laws and regulations does not focus on; (c) the criteria for the certification of eco-friendly agricultural products in the Internet shopping mall are ambiguous; (d) the improvement of the certification mark of eco-friendly agricultural products in the Internet shopping mall once a fine is imposed for about 20 years; (c) the improvement of the certification mark of eco-friendly agricultural products in the Internet shopping mall after the instant case; and (d) the application for the extension of certification of eco-friendly agricultural products could not be filed if a fine or heavier punishment is finalized; and (e) other matters concerning the Defendant’s age, family relation, economic situation; (e) the background leading up to and motive for committing the instant crime; and (e) the sentencing

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of the judgment below.

참조조문

-형사소송법 제364조 제6항

유사 판례

-수원지방법원 2018.02.14 2018고정11

-광주지방법원 2017.11.23 2017고단3625

-광주지방법원 해남지원 2018.06.07 2017고단461

-창원지방법원 밀양지원 2018.05.15 2018고정15

-춘천지방법원 강릉지원 2018.06.07 2017노435