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(영문) 창원지방법원 통영지원 2016.05.27 2016고단319
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who runs a meat sales store in the name of “C” in macro-si.

No person shall sell agricultural and fishery products or the processed products thereof with the country of origin disguised, sell such products mixed with other agricultural and fishery products or the processed products thereof, or store or display such products for sale.

Nevertheless, from January 1, 2013 to September 1, 2015, the Defendant purchased 19,975,979,979.9kg for 1,739.9k for 1,739.9g for 19,9775,460 won for 3,768.04g for 19,000,000 won for 3,768.04g for 19,00,000 won for 3,768.07 g for 928,000 won for 10,000 won for 10,000 won for 3,768.04 g for 1,000 won for 1,000 won for 1,000 won for 1,000 won for 1,000 won for 1,50 g for 305 g for 30 g for 30,000 won for m.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. A statement of the detection;

1. Application of Acts and subordinate statutes to photographs of each violation scene, business registration certificate, each transaction statement, and each transaction statement;

1. Relevant Article 14 of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 6 (1) 3 (Concurrent Imposition of Imprisonment and Fines) of the Act on the Selection of Origin of Agricultural and Fishery Products;

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 (see, e.g., favorable circumstances for the following reasons for sentencing);

1. The act of falsely indicating the origin of agricultural and fishery products with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is an element of sentencing unfavorable to the defendant, as it is necessary to strictly punish such products as impairing the consumer's trust that impedes sound distribution order. The amount of false labeling is also a small number of elements of sentencing unfavorable to the defendant.

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