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(영문) 광주지방법원 2013.11.06 2013노1959
농수산물의원산지표시에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds of appeal (e.g., in a case where the Defendant, even though clearly aware that his act is illegal, has concealed it, and the Defendant’s punishment of KRW 2,000,000 is too uneasible in light of the considerable amount of profits from the instant crime, etc., is unreasonable.

2. However, considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character, conduct and environment, including the factors alleged in the grounds for appeal, the lower court’s sentence cannot be deemed unreasonable because it is too unreasonable, considering the circumstances asserted in the grounds for appeal. Thus, the aforementioned assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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