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(영문) 대구지방법원 2017.08.16 2017노1115
농수산물의원산지표시에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflecteds his mistake, the fact that the difference between the intention of the Cheongsong and the price between the Cheongsong and the two North Koreas is not significant, and that the defendant has no same criminal record, etc.

However, there is a need to strictly punish the act of selling agricultural products by impairing the sound distribution order of food and damaging the consumer's trust, and the quantity sold through disguised origin reaches 347 million won at the market price, and the fact that the crime of this case was committed over a considerable period of time is disadvantageous to the defendant.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive or background of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unfasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6(1)3 of the former Act on Origin Labeling of Agricultural and Fishery Products (amended by Act No. 14291, Dec. 2, 2016);

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are determined as follows: (a) on the grounds of the above unfair sentencing argument; and (b) on the same grounds as the disposition.

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