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(영문) 서울중앙지방법원 2015.10.22 2015노2780
식품위생법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts that, on the grounds of the appeal of this case, the sentence of the court below (the fine of KRW 7,000,000) against the defendant is too unhued and unreasonable.

In light of the fact that the defendant's running of danran business without permission is short of the period and that there is another type of business after the control of this case, the crime quality of the crime of this case is not weak.

However, the defendant reflects his wrongness in depth, and closes down the dan and again does not commit such a crime.

In light of the aforementioned circumstances, the circumstances and methods of the instant crime, the scale and period of business, motive for the crime, circumstances after the crime, and other circumstances, including the Defendant’s age, character and conduct, career, home environment, and history of punishment, and the overall circumstances, which form the conditions for sentencing as shown in the records and the oral argument, do not change compared with the original court. In full view of all the above circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

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