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(영문) 대전지방법원 2016.01.21 2015노3720
농수산물의원산지표시에관한법률위반등
Text

The judgment below

The part of the defendant D and E on the farming association corporation is reversed.

Defendant

D. 10 months of imprisonment and fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the defendants to be sentenced to each sentence of the lower court (defendant A: imprisonment of one year and six months, and fine of ten million won; imprisonment of one year and one million won; imprisonment of one year and seven million won; imprisonment of one year and one fine of seven million won; imprisonment of one year and one fine of one year and seven million won; and Defendant E Agricultural Partnership: fine of seven million won).

2. Determination

A. Defendant A and B’s assertion is favorable to the Defendants that the Defendants led to the confession of the instant crime and against their wrongness. However, the instant crime is likely to collapse the consumer’s trust in the processing and distribution of agricultural products and cause consumers’ apprehensions about the quality of agricultural products and the safety of products, and thus, it is not necessary to strictly punish the Defendants. The Defendants’ participation in the instant crime is very severe. Although the Defendants had been sentenced to a fine for the same kind of crime, they again committed the instant crime even though they had the record of being sentenced to a fine, etc., the Defendants again committed the instant crime. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, sex, environment, motive, means, and consequence, etc., the sentence against the Defendants is too too unreasonable. Thus, all of the Defendants’ assertion is without merit.

B. The crime of this case against the defendant D and E farming association's assertion is likely to collapse the consumer's trust in the processing and distribution of agricultural products and cause consumers' apprehensions about the quality of agricultural products and the safety of products, and thus, it is necessary to strictly punish the crime, and the degree of the defendant's participation in the crime of this case is not negligible, which is disadvantageous to the defendants, but the crime of this case is committed in light of the circumstances unfavorable to the defendants, or the fact that the defendants made confession of all of the crimes of this case and reflects the defendants' mistake, and there is no criminal history of the same kind of crime against the defendant D.

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