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(영문) 의정부지방법원 2018.07.23 2017노3594
농수산물의원산지표시에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for eight months.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Origin Labeling of Agricultural and Fishery Products, among the facts charged in the instant case as modified upon the motion of changes in the indictment on July 5, 2018 at the fourth trial date of the trial, Defendant A and his defense counsel explicitly withdrawn the assertion that Defendant A and his defense counsel sold approximately 148,000 g out of 179,720 g of Korean kimchi, when supplied by G from January 12, 2018, in combination with Korean kimchi, as shown in the crime sight table 2, as to the violation of the Act on Origin Labeling of Agricultural and Fishery Products.

The above argument is difficult to be seen, and it is judged as maintained.

C Defendant C and his defense counsel denied all the crime of violating the Act on Origin Labeling of Agricultural and Fishery Products of this case on January 12, 2018. On March 19, 2018, the defense counsel’s written opinion recognized the fact of selling the instant agricultural and fishery products to correctional institutions by mixing domestic and foreign kimchi with those.

On the third trial date of the trial, the court stated to the effect that the fact of selling agricultural and fishery products to prison mixed with domestic kimchi was recognized as having been sold to prison. On July 5, 2018 at the fourth trial date of the trial, the court stated that the fact of violation of the Act on Origin Labeling of Agricultural and Fishery Products, among the charges of this case revised according to the amendment of the indictment on July 5, 2018, was recognized as having been sold to prison by mixing domestic kimchi and Chinese kimchi as shown in the crime list 2. As such, the argument that denies the fact of selling them to prison by mixing domestic and Chinese kimchi among the arguments in the above written reasons for appeal is withdrawn. However, the defendant, as the defendant, is also argued to the effect that the defendant sold approximately 179,720 g of Korean kimchi 148,000 g among those supplied by G in the above written reasons for appeal mixed with Korean kimchi.

(i)..

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