Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
, however, the defendant.
Reasons
Summary of Grounds for Appeal
Each punishment sentenced by the court below to the defendants (one year of imprisonment with prison labor for the defendants A, and fine of 30 million won for the defendant F Partnership) is too unreasonable.
Judgment
Defendant
On the other hand, considering the following facts: (a) the determination of the allegation of unfair sentencing on A’s assertion of unfair sentencing, each of the instant crimes is very poor in its nature in that it interferes with the sound distribution order of agricultural and fishery products markets and infringes on consumers’ right food choice and trust; and (b) the Defendant A plans to commit each of the instant crimes in advance, such as mixing imported float with the domestic float supplied to the military unit, etc., the said Defendant should be punished strictly.
However, in full view of all the sentencing conditions in the records and arguments of this case including the fact that Defendant A confessions all of the crimes of this case, the above Defendant deposited the Republic of Korea (the 5th Armed Forces Promotion Center of the Armed Forces of the competent ministries) as a depositee, the fact that there is no past record of the same kind of crime against Defendant A, and the fact that the above Defendant has the time of his own accommodation during the period of detention exceeding 3 months, and is against nature during the period of detention, etc., the sentence of the lower court against Defendant A seems to be somewhat unreasonable, and thus the above Defendant’s assertion of unfair sentencing is reasonable.
Defendant
Although Defendant FF farming association is deemed to have led to each of the instant crimes, in light of the legislative intent of the Act on Origin Labeling of Agricultural and Fishery Products for the purpose of protecting producers and consumers by guaranteeing consumers’ right to know and inducing fair trade, it is necessary to strictly punish the said Defendant, and the sales amount of money sold by Defendant F farming association by falsely indicating the origin of the Defendant F farming association.