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(영문) 창원지방법원 2016.07.06 2016노656
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to 500,000 won) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant recognized the instant crime as a primary offender with no criminal history, and reflects the fact that he/she was committing the instant crime. However, considering the possibility of sanitary harm that may arise from cooking and selling food without filing a business report, the lower court’s sentencing judgment cannot be deemed unfair when considering various sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, sex behavior, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and the circumstances after the crime, etc., given that the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, or maintains it as it is, on the grounds that the Defendant had already purchased equipment and materials on the ground that he/she purchased the instant resting restaurant business within the planned management area.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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