logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.16 2016노9181
건강기능식품에관한법률위반
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 four million won) is too unreasonable.

2. The following facts are favorable to the Defendant.

There is no record of criminal punishment, as well as the punishment of a fine of three times for a crime of immigration offense.

The defendant seems to have no possibility of recommitting a crime by closing his business.

On the other hand, the following are disadvantageous.

In order to obtain high profits from trading against older persons, health functional foods were sold by making an exaggerated advertisement without reporting to the competent authorities.

The period of crime is equivalent to 7 months, and the sales amount is also about 10 million won.

In full view of all the circumstances, the lower court sentenced the Defendant to a fine of KRW 4 million.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances, age, sex, environment, etc. after the crime of this case, the sentence of the court below is proper and too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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.

arrow