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(영문) 인천지방법원 2018.01.19 2017노4279
식품위생법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (a year of imprisonment, confiscation, and collection) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. In light of the fact that the period of the Defendant’s crime is long, the total amount of the smuggling agricultural products is reasonable, and that the nature of the crime is not less severe in light of the method of the crime committed by the Defendant, and that there are many criminal records of the same kind before the instant case, etc., the Defendant is recognized, but on the other hand, the Defendant recognizes all the criminal facts, and reflects the criminal facts, and the Defendant seems to have been sentenced in consideration of the circumstances of the Defendant’s previous criminal records, and the lower court appears to have also rendered a sentence in consideration of the Defendant’s age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, equity in punishment with the accomplice, etc., it does not seem that the lower court’s punishment is too heavy or unreasonable. Accordingly, each assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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