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(영문) 부산지방법원 2015.11.20 2015노2866
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The defendant asserts that the summary of the grounds for appeal in the judgment below (one year of imprisonment, one year of confiscation) is too uncomfortable, and that the prosecutor is too uncomfortable and unfair.

2. Ex officio, prior to the judgment on the grounds of appeal by the Defendant and the Prosecutor, the lower court ex officio examined the facts constituting the crime as indicated in the judgment below.

Paragraph (1) from June 17, 2014 to the same year

8. Articles 45(4)11 and 31(2)6 of the Livestock Products Sanitary Control Act apply to the Livestock Products Sanitary Control Act with respect to the fact that the freezing meat was stored and sold by freezing the freezing meat by up to 14.14. However, Article 45(4)11 of the Livestock Products Sanitary Control Act (hereinafter “current Livestock Products Sanitary Control Act”).

Since the Act was partially amended by Act No. 12672 on May 21, 2014 and enforced on November 22, 2014, the current Livestock Products Sanitary Control Act cannot be applied to the above criminal facts committed by the Defendant prior to the enforcement of the current Livestock Products Sanitary Control Act, and the same applies to the former Livestock Products Sanitary Control Act (Amended by Act No. 12672, May 21, 2014; hereinafter the same applies).

Article 45(2)11 and Article 31(2)6 must apply.

Therefore, the judgment of the court below cannot avoid reversal in this respect.

3. As above, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the choice of punishment (each fraud), Articles 14 and 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products (the point of origin falsely indicated) and Article 45 of the Livestock Products Sanitary Control Act.

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