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(영문) 대구지방법원 2014.04.09 2013노3858
비료관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) of the lower court is deemed unreasonable as it is excessively unfilled.

2. The judgment of the court below is acknowledged to have been issued a disposition of suspension of indictment on the grounds of the fact that the defendant sold more than 5,00 goods on the Internet site and sold similar medical devices. However, it is recognized that the defendant has been subject to a disposition of suspension of indictment, but the defendant has no record of criminal punishment, without recognizing illegality in the process of selling various goods, resulting in the instant crime without recognizing illegality, and taking full account of all the sentencing factors as indicated in the instant argument, such as the defendant's age, character and conduct, environment, background of the instant crime, circumstances after the instant crime, etc., the court below's punishment is deemed to have been too unjustifiable and unreasonable. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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