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(영문) 수원지방법원 2018.03.23 2017노8972
농수산물의원산지표시에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of nine months and a fine of twenty million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal 1) misunderstanding the legal principles of the Sanitary Control of Livestock Products Act provides that the serial numbers for processed livestock products, other than livestock products, shall be subject to punishment. Thus, the defendant's act of falsely indicating a serial number for livestock products is not subject

2) The sentence of the lower court (a year of imprisonment and a fine of KRW 30 million) that was unfair in sentencing is too unreasonable.

2. Determination on the Defendant’s assertion of misapprehension of the legal doctrine 1) No person who is the summary of the facts charged shall display any false or exaggerated indication or advertisement concerning the name, manufacturing method, ingredients, dietitians, raw materials, use and quality of livestock products, packaging of livestock products and tracking and management of the records of processed livestock products.

In doing so, the Defendant conspired with D, E, and F, and indicated false serial numbers of livestock products as follows:

On January 5, 2016, the Defendant entered the serial number of the 82.8km of the domestic swine machine at “C” located in Suwon-si B, Suwon-si, Sinwon-si, into a false serial number of the 82.8km (H) at low stack, and displayed an incorrect indication on the serial number of the livestock product by attaching an output label.

In addition, from that time until February 23, 2017, the serial number of the livestock product was indicated differently from the fact at least 524 times in total, as shown in the attachment table 2 of the judgment below, from that time to that time.

In addition, on February 2, 2016, the Defendant indicated different serial numbers of the instant livestock products by printing out and attaching Belgium with false serial numbers on the domestic livestock products stored at low stacks (G) at 59.81kg of the U.S. S. S. S. S. S pigs 59.81kg (the imported livestock products have no same serial number as the domestic livestock products, and the imported livestock products have the same serial number as the domestic livestock products. The said imported livestock products have different indications on the serial number of the livestock products by printing out and attaching them.

In addition, from that time until February 27, 2017, the Defendant is in accordance with attached Table 1 of the judgment of the court below.

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