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(영문) 대구지방법원 2014.12.30 2014노4028
농수산물의원산지표시에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court (one year of imprisonment for Defendant A, two years of suspended sentence, two years of suspended sentence, four months of imprisonment for Defendant C: 1 year of suspended sentence; one year of suspended sentence; and Defendant Incorporated Incorporated Company D: fine of 20 million won) is too unreasonable.

2. The Defendants did not have any record of punishment heavier than a suspended sentence, and recognized the mistake of the instant crime and reflect in depth.

Defendant

A's health is not good, such as undergoing surgery in 2005 and 2013 due to heart misconduct.

However, the crime of this case, while operating a company for which the defendants processed and sold grain, intended U.S. mountain beer, and sold by falsely indicating the origin as a domestic product. The crime of this case is heavier than that of selling or selling the mixed grain, by indicating the origin of Defendant A, C, a Chinese, and U.S. miscellaneous grains as 100% in the domestic product.

The sale quantity of U.S. C. C. C. M., which has falsely labeled the origin, reaches 9,040 g in 2012, 85,279 g in 2014, and 5,530 g in 2014, and the mixed grain kept for sale or sale with the country of origin falsely labeled is large in size of crime.

The Act on Origin Labeling of Agricultural and Fishery Products aims to protect producers and consumers by guaranteeing the consumer's right to know and by inducing fair trade through ensuring that the country of origin labeling of agricultural products is appropriate and reasonable for agricultural products. Therefore, the crime of false origin labeling, such as the crime of this case, needs to be strictly punished because social harm is so great.

In addition, in full view of the contents, period and scale of the instant crime, the degree of the Defendants’ participation, the age, character and conduct, environment, etc. of the Defendants, and all the sentencing conditions shown in the records and arguments, the sentence imposed by the lower court is too unreasonable.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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