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(영문) 대법원 2014.04.10 2014도1846
농수산물의원산지표시에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court found the Defendant guilty of the facts charged in this case on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the origin labeling under Article 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, the argument that there is an error of law such as incomplete deliberation on sentencing conditions constitutes the argument of unfair sentencing.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against the defendant, the above assertion that the amount of punishment is unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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