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(영문) 수원지방법원 2018.05.18 2017노8154
전기용품안전관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is an act of purchasing electrical appliances subject to safety certification without the safety certification mark on behalf of the person, and that is likely to cause harm to the people's lives, bodies, and property, and thus cannot be treated somewhat.

However, the defendant recognized all of the crimes of this case and is in profoundly against it, and there is no criminal record in the same kind.

In the case of buying agency, it is difficult for the purchasing agency to verify whether the purchasing agency is safe certification of the relevant product in a way of distribution in which products are delivered directly from overseas business operators to consumers.

According to the Electrical Appliances and Consumer Products Safety Control Act (amended by Act No. 1538, Dec. 30, 2017) as scheduled to enter into force on July 1, 2018, an agency can purchase products prescribed by Ordinance of Ministry of Trade, Industry and Energy among products subject to safety certification without safety certification marks, etc., and according to the amendments of the Enforcement Rule of the same Act in advance of prior examination, direct current system (excluding cell phone charging system), such as a waterter, etc. that the Defendant purchased by proxy (excluding cell phone charging system), was reduced the punishment value of the instant crime at the present time.

In addition, considering the various circumstances that are conditions for sentencing as shown in the record, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, the lower court's punishment against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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