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(영문) 서울중앙지방법원 2014.05.22 2014노745
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (1.5 million won of a fine) declared by the court below is too unreasonable in light of the gist of the grounds for appeal.

2. It is recognized that the judgment defendant recognized the crime of this case and expressed against the defendant that he would not repeat the crime of this case, that the defendant has no record of criminal punishment, and that the situation of the defendant is extremely difficult.

However, the court below seems to have reduced the amount of fine for summary order (2 million won) in full consideration of the above various circumstances, and there is no reason to change the sentence of the court below in favor of the defendant. The crime of this case is stored for the purpose of selling food products imported without filing an import declaration, and stored food additives for the purpose of cooking and selling, which have passed the distribution period, and thus, intended to contribute to the promotion of public health by preventing sanitary harm caused by food, etc. In light of the legislative intent of the Food Sanitation Act, the crime of this case is inferior. Considering the balance with criminal punishment for other crimes similar to the crime of this case, as well as other various circumstances, including the defendant's age, character and behavior, character and environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc., the punishment of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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