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(영문) 대전지방법원 2020.02.13 2019노1511
농수산물의원산지표시에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (with respect to interference with business): The Defendant’s act of delivering liquor products with the country of origin falsely labeled to liquor distributors constitutes an act of involuntary accompanying or imprisoning the country of origin labeling, but the lower court found the Defendant guilty of the charge of interference with business of this case, separate from a crime of violating the Act on Origin Labeling of Agricultural and Fishery Products, is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) In so doing, the lower court’s punishment (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. Indivating the facts and misapprehension of the legal doctrine regarding Defendant’s assertion of mistake and misapprehension of the legal doctrine refers to a case where a person commits a specific crime, even though it is not logical and inevitable, if the person committed a specific crime, he/she satisfies other elements of a crime, and in such a case, punishment is not separately considered because the illegality or responsibility of the elements of a crime is insignificant compared to a principal crime.

(1) The crime of interference with the business of this case interferes with the distribution, etc. of alcoholic beverages products by deceptive means, and thus interferes with the business of the victims, thereby infringing the legal interests and interests of the victims, as follows:

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