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(영문) 인천지방법원 부천지원 2020.01.16 2019고단3211
농수산물의원산지표시에관한법률위반
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The punishment against the accused shall be determined by six months of imprisonment and a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

Criminal facts

No person shall sell agricultural and fishery products with the country of origin disguised, or sell, store or display for sale, such products mixed with other agricultural and fishery products with the country of origin labeling.

The Defendant sold 31,00 won and sold them under the disguised origin by selling them for sale at 31,00,000 won, and on February 20, 2019, the Defendant sold 230g of 10,000, in combination with the Korean beef and the flusium flusium in the U.S., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-A., Non-Party

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The results of each country of origin verification;

1. Application of Acts and subordinate statutes governing examination of evidence at each site;

1. Relevant Article 14 (1) and Article 6 (1) 3 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Punishments, and Selection of Imprisonment with labor and fines concurrently;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act with regard to a suspended sentence (with regard to imprisonment, taking into account the favorable circumstances, etc. among the reasons for sentencing below);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommendations according to the sentencing criteria;

(a) Each crime [Determination of the type] of false labelling of food health crimes: Type 1 [Determination of the small and medium-sized area (less than KRW 50 million)] [Determination of the recommended area] basic area [Determination of the recommended area] 4 months-1 year;

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and for a fine of three million won for the same kind of crime, repeating the crime of disguised or falsely selling the country of origin, confession of the crime, and misunderstanding.

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