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(영문) 대법원 2013.05.09 2013도2661
식품위생법위반
Text

All appeals are dismissed.

The relevant provision of the law concerning criminal facts in the application of the law of the judgment of the first instance.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below's determination that each of the facts charged in this case is guilty on the grounds stated in its reasoning is acceptable, and there is no violation of law of logic and experience beyond the bounds of the principle of free evaluation of evidence.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the Defendants, the argument that the sentencing of punishment is unreasonable

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench on the ground that there is a clear clerical error in the application of the law among the judgment of the first instance.

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