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(영문) 전주지방법원 2016.06.16 2016노7
농수산물의원산지표시에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (one million won suspension of sentence) is too unhutiled and unreasonable.

2. It is recognized that the crime of this case is committed in violation of the consumer's right to know and impeding fair trade, and that it is not good to commit the crime.

However, considering the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant made a false indication of origin; and (c) the amount of profit accrued from the instant crime is minor; (d) the Defendant may take into account the circumstances leading to the instant crime; (b) the primary offender; and (c) the Defendant’s age, sexual conduct, motive, means, and consequence; and (d) the sentencing conditions specified in the record and the theory of change, such as the circumstances after the commission of the instant crime, etc., the lower court’s sentencing is too uneasy and unreasonable.

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

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