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(영문) 수원지방법원 2013.11.07 2013노2687
농수산물의원산지표시에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of KRW 6 million) is too unreasonable.

2. It is recognized that the judgment of the defendant repents and reflects the wrong, and that the profit gained from the crime of this case seems not to be significant.

However, since the act of false indication of origin, such as the crime of this case, infringes on the right food option and trust of consumers and impedes the sound distribution order of the market, the nature of the crime is extremely poor. The court below, considering the favorable circumstances of the defendant, imposed a fine more reduced than the total amount of fines imposed by each summary order, and considering all the sentencing conditions of the defendant, including the defendant's age, character and behavior, environment, motive, circumstance of the crime, and circumstances after the crime, it is not deemed unfair.

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

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