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(영문) 광주지방법원 2016.05.25 2015노2910
농수산물의원산지표시에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment) is deemed to be too unhued and unfair.

2. The act of selling marks that are likely to cause confusion with the country of origin, such as the instant crime, is an act of undermining the distribution order of agricultural and fishery products and infringing the consumer's trust and right to know, and thus, the relevant crime is not less complicated.

The criminal period of this case is not shorter than the period of crime.

This is disadvantageous to the defendant.

On the other hand, as the defendant reflects his mistake in depth, he will not block this mistake in the future.

There are many things.

The Defendant is an initial offender who has no criminal history.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

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

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