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(영문) 대법원 2016.09.28 2016도10760
식품위생법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted, the lower court is justifiable to have imposed both punishment and fine on the Defendant on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the principle of non-guilty punishment and Article 4(1) of the Addenda to the Criminal Act

In addition, since it is apparent that the court below did not reduce the amount of punishment against the defendant, the ground of appeal that the court below erred in the reduction of the amount of imprisonment with prison labor and the fine did not reduce the amount of fine cannot be accepted.

2. On the grounds of the prosecutor’s final appeal, the lower court, on the grounds indicated in its reasoning, has a relationship between the Defendant’s final and conclusive judgment (Seoul District Court Branch Decision 201Da830 Decided May 30, 2014, supra) as to the violation of the Food Sanitation Act from June 1, 2013 to May 30, 2014 among the facts charged in the instant case and a single offense, which is one inclusive, with the Defendant’s final and conclusive judgment (Seoul District Court Decision 20

In light of the foregoing, the first instance judgment convicting the Defendant is reversed, and the judgment of acquittal was rendered on the grounds.

In light of the records, the above judgment of the court below is just and there is no error of law by misapprehending the legal principles as to comprehensive crimes, as alleged in the grounds of appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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