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(영문) 서울서부지방법원 2018.07.26 2018노575
농수산물의원산지표시에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the lower court’s punishment (one year and six months of imprisonment and fine of 30 million won) was too unreasonable.

The defendant's crime of selling imported refined meat as if it were a domestic product would impede the sound distribution order of agricultural products, undermine the social trust in the indication of origin, and infringe the consumer's choice on food, and it constitutes a deceptive act corresponding to fraud against many and unspecified consumers, and there is a high social need to punish it strictly.

In addition to the necessity of punishment, the lower court determined a punishment by considering the following circumstances: (a) the Defendant’s previous conviction and fine were three times (2007, 2010, and 2011); (b) the Defendant’s previous conviction and fine was imposed three times (2007, 2010, and 201); (c) the Defendant’s previous conviction and fine was placed in a way of domestic origin or sold 5 places at a similar time by advertising a leaflet or by attaching a mark, etc. with positive and planned origin; (d) the period of the crime was prolonged and sold; and (e) there was a considerable number of transfer of refined land after the crackdown; (b) the Defendant’s crime was committed against employees; and (c) the difference between the import refined and domestic refined land was significant; and (d) the Defendant’s punishment was determined by taking into account the circumstances favorable to

Considering the fact that the evidence of this case and the above sentencing were examined, and that there is a possibility that the defendant would not directly enjoy the business interest by running instead of for the Z, the owner of the F, the sentencing of the lower court cannot be deemed unfair by excessively exceeding the reasonable bounds of its discretion.

Defendant’s assertion is not accepted.

Since the appeal by the defendant is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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