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(영문) 대전지방법원 홍성지원 2013.10.25 2013고단710
친환경농업육성법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in the following city B.

Although no one is allowed to indicate eco-friendly agricultural products or any similar mark on an agricultural product that is not a certified product, the Defendant: (a) from November 9, 2012 to May 27, 2013, the Defendant: (b) sold an amount equivalent to KRW 9,218, 17,204,220 to GM, etc. an average of KRW 2,00,00, by attaching a certification mark of eco-friendly anti-biotics that were produced and stored in advance, inserting 10 vegetables to the “F farm” in Kim Jong-si; (c) from around November 9, 2012 to May 27, 2013.

Accordingly, the defendant distributed eco-friendly agricultural products on agricultural products other than certified products.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of detection;

1. Each investigation report (the results of inquiry into whether an environmentally friendly anti-biotic product is certified, the verification of whether H farm I-free anti-biotic product is certified, the verification of the price for approval and the specific reporting on the volume of transaction in nutrition, and the hearing of the producer E phone statement in column);

1. Statement of transactions, and current status of supply by customer;

1. Application of the Acts and subordinate statutes on the packaging paper, photographs, field photographs;

1. Relevant Article of the relevant Acts concerning facts constituting an offense and subparagraph 2 of Article 25 of the Environment-Friendly Agriculture Fosterage Act and subparagraph 2 of Article 17-5 of the same Act;

1. The violation of the Act on the Fostering of Environment-Friendly Agriculture with the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the grounds for sentencing) requires strict punishment as an act that undermines people’s trust in certification of environment-friendly agricultural products and obstructs the development of environment-friendly agriculture at the same stage of fostering. However, on the other hand, the Defendant appears to be in profoundly against the Defendant’s confession of the instant crime, and the Defendant did not have any criminal record other than the minor criminal record on two occasions due to the instant crime, considering the Defendant’s age, character and conduct, environment, and crime as an element of sentencing favorable to the Defendant.

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