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(영문) 전주지방법원 2017.10.20 2017노1262
농수산물의원산지표시에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to all the evidence of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), although the defendant could sufficiently recognize the fact that the country of origin is falsely labeled as "progresponding kimchi-domestic products and Chinese products" on the indication board of origin as stated in the facts charged in the instant case, the court below erred by misapprehending the facts and misapprehension of legal principles, thereby finding the Defendant not guilty of the facts charged in the instant case.

2. Determination

A. The summary of the facts charged is that the Defendant, who operates a D cafeteria located in the former Northwest-gun C, from April 19, 2016 to September 12, 2016, purchased KRW 110 km-A-251,500 in Chinese Chinese Chinese red powder in Kim Jong-si from around April 19, 2016, sold 99 km equivalent to KRW 227,700 among them to customers in the above cafeteria, and stored 11 km equivalent to KRW 25,300 in the indication board of origin in the place of business, but falsely indicated the country of origin as “machi (high-style kimchi)-domestic acid, and China.”

B. The lower court’s judgment: (a) the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court of the lower judgment; (b) the Defendant purchased from G operating a kimchi factory in the Republic of Korea for KRW 2 million abundk Kim 37 million abundk Kim ecul cul culing in Korean origin as indicated in the facts charged; (b) the Defendant purchased a Chinese red cul cul cul culing kimchi as indicated in the facts charged; (c) the Defendant provided a Korean red cul cul culbul cul culling in the Republic of Korea while providing a cul cul culbage, etc. using implied cul cul cul cul cul cul ma made use of domestic cul cul cul pot cul cul cul ma; and (d) the Defendant provided a Korean cul cul cul cul cul cul cul in the Republic of Korea.

(5) Witness G is a witness G in the original trial.

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