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(영문) 대구고등법원 2013.12.12 2013노418
보건범죄단속에관한특별조치법위반(부정식품제조등)
Text

Defendant

All appeals filed by A, B, and C and the Prosecutor F are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and C’s each sentence against the above Defendants (Defendant A: the suspended sentence of 4 years, fine of 350 million won, probation, 240 hours, community service order of 240 hours, Defendant B: the suspended sentence of 2 years, fine of 150 million won, Defendant C’s suspended sentence of 1 year and six months, and 2 years of suspended sentence of 1 year and six months) are too unreasonable.

B. The prosecutor (Defendant F) purchased 11,000 won, which is considerably lower than the normal reference price (1.8 1,000 won from 13,00 to 17,000 won from 13,000 won per disease) from Defendant A. As such, the prosecutor (Defendant F) can be acknowledged that Defendant F was aware of the fact of the fake name supplied by Defendant A.

Nevertheless, the court below erred by misunderstanding the fact that the court below acquitted Defendant F, which affected the conclusion of the judgment.

2. Determination

A. Defendant A did not have a criminal record of having been sentenced to a punishment exceeding the fine, and Defendant B and C did not have a criminal record of having been punished for the same kind of crime.

Defendant

A, B, and C are all aware of the instant crime, and they reflect their mistakes.

The hazardous substance inspection of the instant fake is judged appropriate in light of the crypene (one kind of human exposure substance deemed to cause skin cancer, waste cancer, etc.).

These circumstances are favorable to the above Defendants.

Defendant

A had been sentenced to three or more times as a same crime during the period from 2010 to 2011, and among them, the crime of aiding and abetting AY, which is the 2011, was punished for aiding and abetting the manufacture and sale of fake titles, committed the crime of this case in which the principal directly manufactures and sells fake names.

The crime of this case is committed with the ordinary diet and health of the people by undermining the trust in food of the people who are consumers and disturbing order in distribution.

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