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(영문) 인천지방법원 2014.06.27 2014노866
식품위생법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy or unreasonable for the sentence imposed by the court below on the defendant (six months of imprisonment).

2. We also examine the grounds for appeal by the Defendant and the Prosecutor.

In full view of all the circumstances, including the fact that the defendant recognized the crime of this case and was in profoundly against the defendant, some of the circumstances leading up to the crime of this case, the defendant removed the facilities installed for the business of this case, and the site of the business place of this case was requested to the real estate broker for sale, the defendant's wife is facing the defendant's wife, and the defendant's wife's health is not good, etc., and the crime of this case was committed again without being familiarly and without being able even though the defendant was faced with a prior action of suspended execution despite being able to do so at the same place, and the crime of this case was committed again without being familiarly bad, the size of the business of the defendant is significant, and the motive, means and result of the crime of this case, the circumstances after the crime, the disadvantage of the defendant due to the invalidation of the previous suspended execution, etc., as well as all the circumstances that form the conditions of the arguments and the records of the crime of this case, the judgment of the court below is proper.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, Article 94 subparag. 1 and Article 4 subparag. 3 of the Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013) is clear that the application of the judgment of the court below is a clerical error under Articles 94 subparag. 1 and 4 subparag. 3 of the former Food Sanitation Act, and thus, it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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