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(영문) 서울서부지방법원 2016.08.25 2016노581
식품위생법위반
Text

The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (the fine of eight million won for each of the above fines) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the original judgment because new data on sentencing have not been submitted at the trial of the original judgment. In full view of all the reasons for sentencing presented by the lower court, the original judgment’s sentence is within the scope of the discretion of sentencing assigned to the lower court, and it cannot be deemed unfair due to its proper and too unlimited sentencing.

Meanwhile, Defendant B asserts to the effect that part of the 10km of North Korean Dribus five (hereinafter “the instant Dribus”) stated in the facts constituting the crime in the judgment below should be recovered, and eventually, Defendant B should be considered as mitigation factors, instead of being sold to ordinary consumers.

Defendant

B Taking into account the aforementioned circumstances alleged by B, Pium sium was detected in excess of the permissible level in the instant case’s ridge, and Pium radioactive Pium was at risk that may cause various cancers, such as mesium, stostos, snow stations, blood transfusion, congested, mixed status, food, waste, etc., which may cause death. As such, if a person takes in a mushroom contaminated with Pium radioactive Pium, it may have a long-term impact on health. Moreover, some parts of it have already been distributed during the time, and there is a significant risk that may cause harm to the public health, and as such, it cannot be considered as mitigation element.

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

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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