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(영문) 대전지방법원 2016.04.28 2015노4085
식품위생법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants to the punishment (an administrative fine of three million won) is too unreasonable.

2. All the Defendants confession the facts charged of this case, Defendant A has no criminal record, and Defendant C has no criminal record at any time in the Republic of Korea is favorable to the Defendants.

However, the crime of this case was committed against an unspecified number of people and its nature is not good, Defendant B had a record of being punished several times for the same kind of offense, and otherwise, the judgment of the court below against the Defendants exceeded the reasonable bounds of discretion.

In light of the circumstances to be assessed or the fact that there is no new material to be discovered in the course of the trial of sentencing at the political party (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015) and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the crime, etc. of the Defendants, the lower court’s punishment without sentence against the Defendants is deemed unfair, and thus, the Defendants’ wrongful assertion of sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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