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(영문) 창원지방법원 2016.07.20 2016노213
식품위생법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the Defendants (one million won by each fine) is too unreasonable.

2. The judgment of the Defendants recognized the instant crime, and the fact that Defendant A did not have any record of punishment for the same kind of crime is favorable.

However, in light of the legislative intent of the Food Sanitation Act that intends to contribute to the improvement of national health by preventing sanitary harm caused by food, promoting the qualitative improvement of food nutrition, and providing correct information on food, the crime of this case is not good, and the period of the crime of this case and the sales therefrom are deemed to be considerable.

In addition to the above circumstances, considering various conditions of sentencing as shown in the records and arguments of this case, including Defendant A’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the judgment of the court below cannot be deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain them as they are.

Therefore, the defendants' argument of sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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