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(영문) 서울동부지방법원 2019.07.12 2019고단1508
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in the name of “C” on the first floor of the building located in Gangdong-gu Seoul Metropolitan Government.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from August 9, 2017 to May 14, 2018, the Defendant purchased 23 km from the above restaurant to the above restaurant: (a) from the E Co., Ltd. located in Seongdong-gu in Seoul, 678.84km 678.84kg; (b) Germany’s swine fever 3; (c) 4,194.03kg; (d) 2,052.21 g; (c) 85.87 g; (d) 195.87 g; (e) 23 km 10 g; and (e) 10 g 100 g ; (c) 30 g ; (d) 10 g ; (e) 10 g ; (e) 20 g ; (e) 30 g ,000 g ; (e) , 100 g g c.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender and each investigation report (No. 6, 12 No. 12)

1. Business registration certificate, a copy of the business registration certificate, current status of sales by goods, and details of settlement of customers;

1. Application of Acts and subordinate statutes to photographs of evidence on the violation site;

1. Relevant Article on criminal facts, Articles 14 (1) and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the range of recommending punishment] false labelling of food and health crimes in the range of violation of law, such as selling the mitigated area (4 to 1 year) (4 months to 1 year) (special scam), mixed with things other than refined things, etc.

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