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(영문) 의정부지방법원 2018.08.10 2018노651
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (4 million won in penalty, 4 million won in provisional payment order) against the Defendant on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant appears to have the attitude of recognizing and opposing the crime, that the elderly and health is not good, that the defendant's business was conducted in the immediate next side of the restaurant at which the business report was completed, and that the defendant's business facilities are expected to have been removed at present is favorable to the defendant.

However, in 2016, the Defendant committed the instant crime even if he was discovered while running the same business in the same manner at the same place and was punished by a fine of KRW 3 million, which is disadvantageous to the Defendant. The lower court appears to have reduced the amount of KRW 5 million, which is the summary order, by taking account of the favorable circumstances as seen earlier, and there is no change of circumstances to be specially considered in the first instance.

In addition, even when comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the Defendant’s age, sexual conduct, motive and background of the crime, the lower court’s punishment cannot be deemed to be too unreasonable.

Therefore, the defendant's above assertion is rejected.

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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