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The judgment below
Defendant C, D, E, F, and G shall be reversed.
Defendant
C. At 1 year of imprisonment, Defendant D.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment for 8 months, 2 years of suspended sentence, 1 year of suspended sentence, 2 years of suspended sentence, 3 years of suspended sentence, 3 years of suspended sentence, 3 years of suspended sentence, 7 million won of fine, 100 million won of fine, 2 years of suspended sentence, 3 years of suspended sentence, 1 year and 6 months of imprisonment, 3 years of suspended sentence, and 100 million won of fine) are excessively unreasonable.
2. Determination
A. Defendant A and the Defendants are all led to the confession of the instant crime and are against themselves and not re-offending. Defendant A is the first offender, and Defendant B has no record of punishment for the same crime.
However, the crime of this case is that the Defendants sold and stored livestock products in the course of operating or managing the livestock products processing and selling and managing them, and such crime is not less and less than the nature of the crime because it may affect the lives and health of the people. The amount of the chills whose distribution period in which the Defendants’ custody was expired is considerably large with 210,03 gs (15 gs). The amount of profits derived from the sale in combination with the chills whose distribution period has not elapsed, is considerably large in size, and the amount of profits gained from the sale in excess of KRW 260,000,000,000. Considering all the circumstances such as the Defendants’ character and conduct, environment, motive, means and method of the crime of this case, and the circumstances after the crime, etc., the lower court’s punishment against the Defendants is too unreasonable.
B. The crime of this case committed by Defendant C is that the Defendant sold and stored livestock products whose distribution period has expired while operating livestock products processing and selling them. Such crime is not less than that of citizens because it may have a direct impact on the life and health of the citizens. The amount of chickens whose distribution period has expired, is considerably large of 2,103 stuffs (15 km). The amount of chickens whose distribution period has expired, is more than 200 million won by mixing it with chickens whose distribution period has not expired.