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(영문) 청주지방법원 2015.11.17 2015고단1340
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” at the Cheongju-si Office B.

No one shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, the defendant from January 1, 2015 to the same year.

7. By the end of 28.2, “C” restaurant: (a) even though the facts sold approximately 16,761.4kg of Australia’s salt to many unspecified customers, an act of making a false indication of origin or making an indication likely to cause confusion with it by stating it in the restaurant, New-ro plate the origin of which is indicated as “infection-Seinsan, and the domestic acid.”

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection of D/E;

1. Investigation report (verification of the fact of supplying friendly salt dried salt);

1. Copy of business registration certificate and business report certificate;

1. Details of transactions, and details of delivery, among the “detaileds of transactions and certificates of slaughter inspection”;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products by combining the relevant provisions on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The period during which the defendant committed the crime or the sale quantity related thereto is reasonable; and

Imprisonment shall be selected.

The Defendant is against the Defendant’s confession in committing the crime, and the indication of origin is against the Defendant’s expression of “Seinsan”, while the Defendant was punished for the same kind of crime, the Defendant was punished by a fine of a small amount (500,000 won) but the Defendant had no record of punishment heavier than the suspension of execution, the Defendant revised the original acid immediately after being discovered, and the Defendant submitted a slaughter inspection certificate to an investigation agency for the purport that he was supplied with and sold domestic salt at the time of the establishment of the main new plate, to the effect that he was supplied with and sold domestic salt in 2014. The Defendant was also submitted a slaughter inspection certificate to the effect that he was supplied with and sold domestic salt at the time of the establishment of the main new plate.

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