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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in the business of manufacturing molds in the name of “E” in Gumi-si, Gumi-si.
No person shall make a false indication of original land or make an indication which may cause confusion as to the original land.
Nevertheless, around May 13, 2015, the Defendant, purchased from merchants in the name omitted in Korea, made a mixture of domestic red powder powder and 8:2 (Domestic Heavy Industries) as “F red powder”, and sold a total of 25 km (273,000 won at the market price) to H located in Kimcheon-si G, and indicated the country of origin in the product origin indication column.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Investigation report (including a notice of the results of verification of the origin of the red paper powder (including a notice of the results of verification of the origin of the red paper powder attached) / Investigation report (report on the results of investigation of a suspect company), application of the statutes governing field photographs
1. Relevant Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Act on the Selection of Criminal Crimes;
1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is not against the principle of good order in the distribution of agricultural products and undermining consumer confidence. However, under the favorable circumstances where the defendant recognized the crime of this case and there is no record of criminal punishment going beyond the punishment of the same kind of crime, the defendant's age, character and behavior, environment, profit gained from the crime of this case, motive and circumstance leading to the crime of this case, and circumstances after the crime of this case, etc., the punishment of this case shall be determined as per the order, by comprehensively taking into account the following factors: the defendant's age, character and behavior, environment, profit gained from the crime of this case; the motive and circumstance leading to the crime of this case;