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(영문) 광주고등법원 (전주) 2016.04.19 2016노16
식품위생법위반등
Text

The judgment of the court below is reversed.

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) misunderstanding of the facts or misunderstanding of the legal principles (additional charge) as to the Defendant’s total amount of KRW 22,680,00,00 among the general food equivalent to the total amount of KRW 114,830,000, which was sold as the instant crime, was returned, and thus, the returned amount should be deducted from the criminal proceeds from the instant crime, despite the fact that the Defendant’s additional charge against Defendant A should be deducted from the criminal proceeds, the lower court’s judgment that calculated the amount of KRW 114,830,000 is erroneous

2) The sentence of the lower court against Defendant A (a year and two months of imprisonment, a suspended sentence of two years, and a surcharge of 114,830,000) is too unreasonable.

B. In the event that Defendant C1 was sentenced to punishment for a violation of Article 94(1) of the Food Sanitation Act by mistake or misunderstanding of the legal principles (s) and again committed the crime under paragraph (1) within 5 years after the sentence became final and conclusive, when the relevant food or additives are sold, Article 94(3) of the Food Sanitation Act stipulating that the fine of not less than 4 times but not more than 10 times the relevant retail price shall be imposed concurrently, and the seller is against the principle of clarity in the context of not clearly stipulating the subject of sale, and the subject of sale under Article 94(3) of the Food Sanitation Act shall be interpreted as the owner. Although the retail price under the above provision should be interpreted as the retail price of the sold food item, the court below erred by misapprehending the legal principles or misapprehending the legal principles.

2) The lower court’s sentence against Defendant C, which was unfair in sentencing (the imprisonment of August and the fine of KRW 115,00,000), is too unreasonable.

(c)

Defendant

D, E, G, or K's sentence (Defendant D, E, and K: Imprisonment with prison labor for 4 months, 2 years of suspended execution, and Defendant G: imprisonment with prison labor for 8 months) is too unreasonable.

(d)

Each sentence of the lower court against the Defendants by the prosecutor (Defendant A: imprisonment of one year and two months, two years of probation, two years of probation, 114,830,00 won additionally collected, Defendant B: Imprisonment of ten months, two years of probation, two years of probation, observation of protection, and community service order.

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