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(영문) 대법원 2016.09.30 2016도9256
식품위생법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged (excluding the portion not guilty of the reasoning) on the grounds indicated in its reasoning.

In doing so, there is no error of misapprehending the legal principles as to the food sanitation law by exceeding the limit of the principle of free evaluation of evidence.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

The argument that the punishment is unfair because the punishment is too unreasonable in this case where a fine is suspended against the defendant is not a legitimate ground for appeal.

In addition, other grounds of appeal are asserted by the defendant as the grounds of appeal or by the court below as the subject of judgment ex officio, and are not legitimate grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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