(영문) 대구지방법원 2012.12.28 2012노3373 | 리걸엔진

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(영문) 대구지방법원 2012.12.28 2012노3373

농수산물의원산지표시에관한법률위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in six months of imprisonment, and eight hours of social service) that the court below sentenced the defendant is too unfasible and unreasonable.

2. The judgment of the court below is justified in light of the following circumstances: (a) the defendant led to the confession and reflect of the crime of this case; (b) the first offender; (c) while the crime of this case is a combination of the cases where the defendant sold domestic beef and domestic beef in Korea with an indication of origin; (d) "the cases where the defendant violated the right choice of the consumers about the food; (e) thereby causing damage to the sound distribution order of agricultural products, etc.; (e) the amount of the cattle sold by the defendant through the above method is not much large (e.g., about 2200km); (e) the period of the sale; (e) the sales period is about 1.5 months; (e., approximately 1.98 million won); and (e) the amount of punishment in other similar cases, balance with the sentencing of the defendant; and (e) the defendant's age, character, environment, circumstances, method, result of the crime of this case; and (e) the records and circumstances after the crime, etc., the prosecutor's assertion that the sentencing of this case is unreasonable.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the facts constituting the crime, and Articles 15 and 6 (2) 3 of the Act on the Origin Labeling of Alternative Agricultural Products, and the Selection of Imprisonment;

1. As to Article 62(1) of the Criminal Act (the conditions favorable to the above) 1.

참조조문

-형법 제62조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

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