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(영문) 대법원 2014.09.25 2014도9540
식품위생법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

In the judgment of the court below, there is an error of misconception of facts or incomplete hearing concerning the conditions of sentencing.

There is an error of law that takes a separate criminal fact as a core condition for sentencing.

There is an error of infringing on the essential contents of the principle of balance of crime and the principle of responsibility.

The assertion that there is an error in the misapprehension of legal principles as to the method of examining sentencing and determining sentencing is ultimately an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is permitted only when the court below rendered a death penalty, an indefinite term, or an imprisonment with or without prison labor for not less than ten years. Thus, in this case where a more minor sentence is imposed on the Defendants, the argument that the sentencing of the sentence is unfair

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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