logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.11.30 2018노3503
사기등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. The summary of the grounds for appeal (one year of imprisonment) by the court below is too unreasonable because the punishment imposed by the court below is too unreasonable (the grounds for misunderstanding and misapprehension of legal principles were withdrawn). 2. The crime of this case is acknowledged as follows: (a) the defendant, while selling the cryp in the Internet, sold the cryp, which is different from the contents of the advertisement, or mixing the cryp meat with the cryp meat, or by arbitrarily mixing the cryp, different from the ordered item, or supplying the cryp, different from the grade written, to the school meal service; (b) sold 790 million won in total; and (c) sold the cryp through the indication and advertisement that cause confusion with the country of origin; (d) the defendant kept the cryp warehouse in custody, thereby violating the obligation to indicate and keep the Livestock Products Sanitary Control Act; (e) the nature of the crime is very poor; and (e) the victim is many

However, it is also recognized that there is an agreement with five victims (X, T, S, Y, W) from among the fact that the Defendant both recognized the Defendant’s mistake and reflects, that there is no criminal history, that there is a family member to support, that the Defendant’s family members and branch members want the Defendant’s preference, that there was an agreement with the Internet Sales Agency (F), “G,” and “H,” respectively, and that there was an agreement with the Defendant on the number of victims (X, T, Y, and W) from among the victims who purchased the lawsuit from the Defendant in the first instance.

In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, the punishment of the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.

arrow