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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.
The above fine shall be imposed on the defendant.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year and six months suspended, the fine of three years, the fine of five thousand won) is too unreasonable;
(2) On June 2, 2012, the Defendant filed an application for amendment to indictment with the purport of changing the term “from June 2012 to February 20, 2013” from June 2012 to “from June 2012 to December 7, 2012” to “from June 2012 to the date of February 20, 2013,” and the judgment of the lower court became impossible to maintain its judgment, on the grounds that the Defendant changed the term “the Defendant’s amendment to indictment” to “from June 2012 to December 7, 2012.”
3. Therefore, the judgment of the court below is reversed ex officio in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts constituting the offense and the evidence acknowledged by this court is as follows: (a) the summary of the lower judgment’s criminal facts and the summary of the evidence is as follows: (b) Paragraph (1) 2 of the same Article, “from June 2012 to February 20, 2013”; (c) “from June 2012 to December 7, 2012”; (d) “16,000km”; and (e) Paragraph (2) 3 of the same Article, “from June 3, 2007 at the market price of KRW 112,00,000” equivalent to KRW 13,00,000 at the market price of KRW 91,00,000” as stated in each corresponding column of the lower judgment; and (e) such fact is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 97 Subparag. 1 and Article 37(4) of the former Food Sanitation Act (Amended by Act No. 10787, Jun. 7, 201); Article 30 of the Criminal Act (the occupation of manufacturing food and the choice of imprisonment), Article 94 Subparag. 1 and Article 4 Subparag. 7 of the former Food Sanitation Act (Amended by Act No. 11986, Jul. 30, 201); Article 94 Subparag. 1 and Article 4 of the Criminal Act (Amended by Act No. 11986, Jul. 30, 201).