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Reasons
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(영문) 대전지방법원 홍성지원 2013.09.02 2013고단568
친환경농업육성법위반
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D farm” in the Jeonbuk-gun Group C.

No person may use an eco-friendly agricultural product or a similar mark on an agricultural product that is not a certified product, but the Defendant, from July 27, 2012 to May 27, 2013, distributed an eco-friendly anti-biological product certification mark with the mark of 19,000 won or KRW 18,000 per one box of 11,049 boxes, market value of 207,806,000 in total.

Accordingly, the Defendant displayed eco-friendly agricultural products on agricultural products that are not certified.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. A certificate;

1. Photographs;

1. Seizure record and list;

1. Investigation reports (related to the amount of delivered goods);

1. Application of statutes on site photographs;

1. Relevant Article of the relevant Acts concerning facts constituting an offense and subparagraph 2 of Article 25 of the Environment-Friendly Agriculture Fosterage Act and subparagraph 2 of Article 17-5 of the same Act;

1. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);

1. In light of the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act and the purport of the Environment-Friendly Agriculture Fosterage Act, the Defendant’s crime of this case was committed at will for about 10 months without undergoing any adequate administrative procedure, and the nature of the crime is not good. Meanwhile, the Defendant appears to be against the Defendant when making a confession of the crime of this case, etc. shall be considered as the factors for sentencing favorable to the Defendant. In addition, the Defendant’s punishment against the Defendant shall be determined by comprehensively taking into account all the conditions for sentencing as indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and circumstance of the

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