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(영문) 광주지방법원 순천지원 2017.12.08 2017고단2243
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by imprisonment for six months and by a fine for 7,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who prepares and sells agricultural and fishery products or products processed therefrom shall not make a false indication of the country of origin or make an indication that may cause confusion with it, but the defendant, as the representative of the "C" restaurant in South Ycheon-si, Namcheon-si, the above restaurant, used approximately approximately 20 km in Korea as raw materials of cirrat in the above restaurant, but made a false indication of the place of origin on the bulletin board of the above restaurant and the package of place of origin and sold it to many and unspecified persons, from that time until August 17, 2017, by falsely indicating and selling the country of origin of 2,843 g in total, as shown in the table of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 14 (1) and Article 6 (2) of the Act on Origin Labeling of Agricultural and Fishery Products (generally, imprisonment with prison labor and fines) concerning facts constituting an offense and Articles 14 (2) and 6 (2) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The trend of the sentencing of Article 334(1) of the Criminal Procedure Act, which the Defendant sells, is very important to indicate the country of origin as food mainly for consumers who think of health.

The defendant uses all materials, such as rice, kimchi, saved, etc., as domestically produced, in addition to those whose country of origin is marked.

“The notice was attached, and the part was emphasized in color as soon as possible. It is clear that consumers who believe it and sell the sugar sold by the Defendant would feel extreme sacrife and brut it.

In addition, the criminal period of the defendant is not shorter than the period of crime, and it is reasonable to transfer the defendant's used domestic care.

On the other hand, the defendant is the first offender who has no previous criminal record, and reflects his gender, and the first half of his business is domestically produced.

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