beta
Text
Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) misunderstanding of facts) Defendant B’s misunderstanding of facts as to Q’s last resort to receive money from Q and selling it, and Defendant B’s factory in Q’s decision in the lower judgment (hereinafter “instant factory”).
(2) The Defendant had no knowledge of the registration of food manufacturing and processing business. Since the Defendant had no knowledge of whether the instant plant was subject to the registration of food manufacturing and processing business, and the Defendant had no knowledge of the “L”’s “L” product manufactured with the said machinery, there was no fact of manufacturing and selling “L” in collusion with Defendant A. (2) The lower court’s sentence of unfair sentencing is too unreasonable.
B. Each sentence to the Defendants of the lower court (the Defendant A’s imprisonment with prison labor for one year and the additional collection of KRW 76,530,000, Defendant B: imprisonment with prison labor for 8 months) is too unfluent and unreasonable.
2. Determination
A. In relation to Defendant B’s assertion of misunderstanding of facts, the conspiracy does not require any legal punishment, but is only a combination of two or more persons to jointly process and realize a crime. Although there is no process of the whole conspiracy, if the combination of the intent is made in order or impliedly, the conspiracy is established between several persons, and even if there is no direct involvement in the conduct, even if there is no such conspiracy, it is criminal liability as a co-principal for the other co-offender’s act.
(1) According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below, Defendant B, in collusion with Defendant A and Q, manufactures “L” containing a chemical synthetic compound not publicly notified in the standards and specifications for the purpose of sale, and includes food labeling as set forth in the labelling standards, such as food.