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(영문) 수원지방법원 2020.08.24 2020노800
식품위생법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. In a case where the sentence of a fine on this case is not suspended due to the summary of the grounds for appeal, the Defendants are at risk of bankruptcy because they are subject to business suspension and administrative disposition of a penalty surcharge, and the Defendants caused the instant crime due to the site of the law, etc., the sentence of the lower judgment is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.

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