logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.10.22 2014노1344
식품위생법위반
Text

1. The judgment below is reversed.

2. The sentence shall be suspended against the defendant;

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (700,000 won) is too unreasonable.

2. The instant crime was committed by the Defendant, without reporting to the head of the competent Si/Gun/Gu from October 2008 to October 30, 2013, by installing two cooking units, two cooling units, two cooling units, cooking utensils, etc. in a fixed-type tent, and selling implied foods, etc.; and the Defendant’s business period is not shorter than the period is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and made a mistake against the Defendant; (b) the primary offender who has no record of the instant crime; and (c) the Defendant’s age, character and conduct, the environment, the background, means and consequence of the instant crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. A fine of 700,000 won to be suspended;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act (amended by Act No. 12575, May 14, 201)

1. Article 59 (1) of the Criminal Act for Suspension of Sentence (Consideration favorable circumstances, etc. among the reasons for reversal);

arrow