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(영문) 수원지방법원 2021.02.15 2020노6608
농수산물의원산지표시에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds of appeal is that the crime of this case does not reach the degree that the harm to national health, the defendants responded to the request of F in order to sell the intermediate domestic care products to F, and the defendant A has no record of punishment for the same kind of crime and the defendant B has no record of criminal punishment, etc., in light of the following, the punishment of the court below (the imprisonment of 1 year, fine of 50 million won, the imprisonment of 1 year, the imprisonment of 1 year, the suspended sentence of 2 years, the community service work time of 120 hours) is too unreasonable.

2. The Criminal Litigation Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance is not beyond the reasonable scope of the discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and the lower court’s sentencing against the Defendants was too excessive and exceeded the reasonable scope of the discretion, considering all the reasons indicated in the records of the instant case.

shall not be deemed to exist.

Therefore, the defendants' argument of sentencing is without merit.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.

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