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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and two years of suspended sentence) is too unreasonable.
2. Determination
A. The lower court sentenced the Defendant to 1 year imprisonment and 2 years suspended execution, taking account of the circumstances favorable to the Defendant, such as the fact that the Defendant was subject to quarantine inspection by making a false report, such as replacing the labels of products for a long time, and that the instant crime liability is heavy, which was transferred by importing the international endangered species as indicated in the judgment, the Defendant recognized and seriously reflects the Defendant’s criminal act from the time of investigation, and is currently conducting business through lawful procedures, the primary offender is the primary offender, and the mother should support the child.
In addition to the sentencing conditions acknowledged by the court below, in light of the following: (a) in the event that the blood of an animal is brought into the Republic of Korea without undergoing quarantine as a result of a false report, such as the crime of this case, the sentencing of the court below seems to have been within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared with the judgment of the court below, so the sentencing of the court below cannot be deemed to be unfair since it was gross.
B. Since there is an obvious clerical error in the "applicable laws and regulations" as stated in the judgment of the court below for ex officio correction, the following shall be corrected ex officio:
Article 56 subparag. 4, Article 36 subparag. 1 of the former Prevention of Contagious Diseases Act (amended by Act No. 12806, Oct. 15, 2014); Article 68 of the former Act on the Protection and Management of Wild Fauna and Flora (amended by Act No. 1097, Jul. 28, 201); Article 56 subparag. 4, Article 36(1) main text of the same Act (amended by Act No. 1097, Jul. 28, 201); Article 68 of the former Act on the Protection and Management of Wild Fauna and Flora (amended by Act No. 1097, Jul. 28, 201).