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(영문) 부산지방법원 2017.06.30 2017노718
식품위생법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. The judgment of the defendant has been served three times or more as a crime of the same kind, but it is a crime of about ten years, the defendant's mistake reflects his mistake, the defendant is subject to a separate business suspension disposition of the case of this case, and the defendant's business size is large.

When considering various sentencing conditions, such as the Defendant’s age, sex, environment, motive and means of crime, and consequences, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 98 of the relevant Act and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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