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(영문) 서울중앙지방법원 2014.07.24 2014노1579
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 700,000 won and confiscation) declared by the court below is too unreasonable.

2. It is recognized that the accused has led to the confession and reflect of all the crimes of this case, the accused has no record of criminal punishment in the Republic of Korea, except for the minor criminal records twice a fine, and the Defendant’s economic situation is difficult.

However, the court below seems to have reduced the amount of fine for summary order (one million won) in full consideration of the aforementioned various circumstances, and the circumstance that could change the sentence of the court below in favor of the defendant is not presented in the appellate court. Taking into account the sentencing in similar cases and other circumstances that conditions for sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable, and therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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