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(영문) 대전지방법원 2013.11.21 2013노1421
친환경농업육성법위반
Text

The judgment of the court below is reversed.

Defendant

F or G agricultural partnership shall be punished by a fine of one million won.

Defendant

F. F. F.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments (one million won for each of the fines imposed on the Defendants, two million won for each of the charges imposed on the Defendants, two million won for each of the charges imposed on Defendant F, and one million won for each of the charges imposed on Defendant G farming association: the Defendant G farming association) is too unreasonable.

2. The judgment is based on the following facts: (a) the amount of rice sold by the Defendants with false eco-friendly agricultural product labeling exceeds approximately KRW 25,732 km, etc.; (b) Defendant F is the representative of the Defendant G farming association, who is in the position to be responsible for the shipment of rice cultivated by the other Defendants; (c) although the Defendants returned all the amount of unjust enrichment in the instant case to MU; (d) the Defendants were aged and the Defendants led to the instant crime; (e) Defendants A, B, and C were first offenders; and (e) Defendant D and F did not have any specific criminal power, other than fines; and (e) taking full account of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ family relations, character and conduct, environment, means, and consequence; and (e) the circumstances before and after the commission of the crime, the sentence imposed by the lower court against the Defendants is deemed unreasonable. Accordingly, each of the above arguments by the Defendants

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A, B, C, and D: Each of the former Environment-Friendly Agriculture Fosterage Act (wholly amended by Act No. 11459, Jun. 1, 2012; hereinafter the same) Subparag. 2 and Article 17-5 Subparag. 2, and each of the fines shall be selected.

B. Defendant F: Article 25 subparag. 4 of the former Environment-Friendly Agriculture Fosterage Act, Article 17-5 subparag. 4 of the same Act, and selection of fines

C. Defendant G farming association: the Gu.

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