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(영문) 부산지방법원 2013.12.06 2013노3253
농수산물의원산지표시에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) of the original judgment is too unreasonable.

2. In full view of the fact that the defendant recognized the crime of this case and decided not to repeat the crime of this case, there is no same criminal records, the fact that the defendant is a small merchant, and all other matters concerning the sentencing specified in the records and arguments of this case, the punishment of the court below is somewhat inappropriate and thus the defendant's assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

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. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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