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(영문) 인천지방법원 2016.11.25 2016노3558
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution and one hundred and twenty hours of community service order for six months of imprisonment) declared by the court below is too unreasonable.

2. Although there are favorable circumstances for the Defendant, such as the fact that the Defendant recognized the Defendant’s mistake and reflects, the period for handling the smuggling imported foods is long, the size of the crime is not small, and the Defendant’s unjust enrichment acquired therefrom appears to have not been specified. The Defendant appears to have high risk of re-offending in light of the fact that the Defendant continued the crime without being aware of the past having been subject to criminal punishment several times of the same crime, and other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, character, character, environment, environment, family relationship, details, motive, means and consequence of the crime, period, frequency, size, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition

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