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(영문) 대구고등법원 2013.12.19 2013노427
보건범죄단속에관한특별조치법위반(부정식품제조등)등
Text

All of the appeals by the defendants against the defendant B and the prosecutor against the defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: 1 year of imprisonment, 2 years of suspended sentence, 5 million won of fine, 120 hours of community service, 3 million won of fine) is too unreasonable.

B. The lower court’s sentence against Defendant B of the Prosecutor is too unhued and unreasonable.

2. Determination

A. Defendant A’s assertion of unfair sentencing by Defendant A reflects his wrong in recognizing his criminal act. The fact that Defendant A was subject to a disposition of business suspension due to the instant crime, Defendant A’s health status is not good, there is an old mother, etc., and Defendant A had no criminal record exceeding a suspended sentence, etc. is favorable to Defendant A.

On the other hand, the crime of this case is likely to be criticized in that the defendants manufactured a total sum of 2,122.2 liters, market price of 18 million won, and the crime of this case is manufactured and sold by producing and selling food that does not meet the standards and standards, and such crime is likely to damage the people's trust in food and increase social anxiety.

The crime of this case was committed for a considerable period of time, and there are many transfers of the name manufactured and sold.

Defendant

A plays a leading role in the crime of this case.

These circumstances are disadvantageous to Defendant A.

In addition to this point, considering the various circumstances, including Defendant A’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below within the scope of the recommended sentencing guidelines is too unreasonable.

B. Each of the Defendant B and the Prosecutor’s grounds for unfair sentencing against Defendant B is against the mistake by recognizing his own crime, and the degree of his participation in the instant crime.

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