Crimes of Food And Health

Home > Sentencing Guidelines > Crimes of Food And Health
Promulgated on March 21, 2011, Effective on July 1, 2011


  1. 1. FALSE LABELING
공무집행방해 양형기준
Classification Adverse Affirmative
Primary Consideration
Factor
  • Criminal History of the Same
    Offense (Within Ten Years)
  • Offenses Falling Within Type 3
  • Offense Caused Serious Damage to
    Public Trust
  • Involves Organizational,
    Premeditated, or Professional
    Schemes
  • Significant Difference Between the
    Genuine Product’s Retail Market
    Price and the Suggested Retail Price
    for the Product at Issue
  • Offense Committed From
    Employment Relationship or Job
    Related Instructions
  • Offenses Falling Within Type 1
  • Extent of Profits Gained Are Not
    Significant
  • Food Products and Similar Products
    Were Not Placed Within the Chain of
    Distribution
  • Voluntary Surrender to Investigative
    Agencies or Whistle-blowers
  • No Prior Criminal History
General Consideration
Factor
  • Commission of Offense Prolonged
    for Extended Duration
  • Cases Involving Pharmaceutical
    Drugs or Cosmetics
  • Commission of Crime Through
    Collusion With Public Officials
    Responsible for Inspecting
  • Offender Actively Promoted Sales
    Through the Media (Such as
    Television)
  • Two or More Criminal History on
    Suspension of Sentence or for a
    Greater Offense
  • Lack of Social Ties
  • Absence of Remorse
  • Active Participation as an
    Accomplice
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Immediate Measures Taken to
    Close Business; Dispose the
    Product at Issue; or Other Similar
    Measures Taken After Notice of
    Violation
  • Passive Participation As an
    Accomplice
  • No Criminal History of Suspension of
    Sentence or Imposing of Other
    Sentences More Severe
  • Strongly-Established Social Ties
  • Expresses Sincere Remorse
  • Cases of Old-age Offenders
  • Cases of Physically-ill Offenders
  • Cases where the Arrest of the
    Offender would Cause Severe
    Hardship to the Offender’s
    Dependent Family Member
  1. 2. HARMFUL FOOD PRODUCTS, PHARMACEUTICAL DRUGS, OR COSMETICS
공무집행방해 양형기준
Classification Adverse Affirmative
Primary Consideration
Factor
  • Criminal History of the Same
    Offense (Within Ten Years)
  • Cases whers it is not verified that
    the harmfulness is insignificant
  • Food Products of 100 Million Won
    or More Retail Price, Pharmaceutical
    Drugs (or the Like) of 20 Million
    Won or More Retail Price
  • Cases Involving Baby Food or Foods
    Consumed by Children
  • Resulted in Serious Bodily Harm
    Involves High Risk of Causing
    Serious Bodily Harm or Caused
    Bodily Harm to Multiple Victims
  • Offense Committed From
    Employment Relationship or Job
    Related Instructions
  • Food Products and Similar Products
    Were Not Placed Within the Chain of
    Distribution
  • Voluntary Surrender to Investigative
    Agencies or Whistle-blowers
  • No Prior Criminal History
General Consideration
Factor
  • Commission of Offense Prolonged
    for Extended Duration
  • Illegal Methods Such As False
    Documents or Forgery Used
  • Resulting in Bodily Harm That Are
    Not Severe
  • Absence of Efforts to Reverse Harm
    (For Cases Resulting in Bodily Harm
    or Death)
  • Commission of Crime Through
    Collusion With Public Officials
    Responsible for Inspecting
  • Two or More Criminal History on
    Suspension of Sentence or for a
    Greater Offense
  • Lack of Social Ties
  • Absence of Remorse
  • Active Participation as an
    Accomplice
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Immediate Measures Taken to
    Close Business; Dispose the
    Product at Issue; or Other Similar
    Measures Taken After Notice of
    Violation
  • Offender Expresses Remorse and
    the Victim Opposes Punishment,
    Significant Amount of Money
    Deposited, or Genuine Efforts to
    Reverse Harm (For Cases Resulting
    in Bodily Harm or Death)
  • Passive Participation As an Accomplice
  • No Criminal History of Suspension of
    Sentence or Imposing of Other
    Sentences More Severe
  • Strongly-Established Social Ties
  • Expresses Sincere Remorse
  • Cases of Old-age Offenders
  • Cases of Physically-ill Offenders
  • Cases where the Arrest of the Offender
    would Cause Severe Hardship to the
    Offender’s Dependent Family Member
  1. 3. ILLEGAL MEDICAL PRACTICES
공무집행방해 양형기준
Classification Adverse Affirmative
Primary Consideration
Factor
  • Criminal History of the Same
    Offense (Within Ten Years)
  • Offenses Falling Within Type 2 or 3
  • Resulted in Serious Bodily Harm;
    Involves High Risk of Causing
    Serious Bodily Harm; or Caused
    Bodily Harm to Multiple Victims
  • Profit Gained Through Commission
    of Offense is More Than 20 Million
    Won (Type 2 or 3)
  • Cases Involving Misleading the
    Patient Such As Performing Medical
    Practices as a Physician, Dentist, or
    Doctor Practicing Oriental Medicine
    without Qualification
  • Commission of Offense Caused by
    Patient’s Active Demand in Cases of
    Extreme Difficulties in Providing
    Medical Treatment or No Known
    Accepted Cure in Modern Medicine
  • Treatment Known to be Low Risk or
    Effective upon Objective Judgment
  • Offense Committed From
    Employment Relationship or Job
    Related Instructions
  • Voluntary Surrender to Investigative
    Agencies or Whistle-blowers
  • No Prior Criminal History
General Consideration
Factor
  • Commission of Offense Prolonged
    for Extended Duration
  • Resulting in Bodily Harm That Are
    Not Severe
  • Absence of Efforts to Reverse Harm
    (For Cases Resulting in Bodily Harm
    or Death)
  • Commission of Crime Through
    Collusion With Public Officials
    Responsible for Inspecting
  • Two or More Criminal History on
    Suspension of Sentence or for a
    Greater Offense
  • Lack of Social Ties
  • Absence of Remorse
  • Active Participation as an
    Accomplice
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Offender Expresses Remorse and
    the Victim Opposes Punishment,
    Significant Amount of Money
    Deposited, or Genuine Efforts to
    Reverse Harm (For Cases Resulting
    in Bodily Harm or Death)
  • Passive Participation As an
    Accomplice
  • No Criminal History of Suspension of
    Sentence or Imposing of Other
    Sentences More Severe
  • Strongly-Established Social Ties
  • Expresses Sincere Remorse
  • Cases of Old-age Offenders
  • Cases of Physically-ill Offenders
  • Cases where the Arrest of the
    Offender would Cause Severe
    Hardship to the Offender’s
    Dependent Family Member
    • In cases where the consideration factors for suspension of sentence and the sentencing factors are identical, refer to the definitions set forth in the Definition of Sentencing Factors.
    • Determining Criminal History
      • Prior criminal history is calculated as follows: In cases involving suspension of sentence, calculate from the date the defendant’s suspension of sentence was affirmed up to the date of the commission of the offense. In cases imposing imprisonment, calculate from the final date of the completion of the sentence up to the date of the commission of the offense.
    • For cases where the imposing penalty is imprisonment, in deciding whether the suspension of sentence is appropriate, the primary consideration factor should be taken into account with greater importance than the general consideration factors. This is further specified as follows:
      1. ① In cases where only two or more primary affirmative factors exist or when primary affirmative factors outnumber the major adverse factor by two or more, suspension of sentence is recommended.
      2. ② In cases where two or more primary adverse factors exist or when primary adverse factors outnumber the primary affirmative factor by two or more, imprisonment is recommended.
      3. ③ In cases other than ①, ②, or even if cases of ①, ②, if the difference between the number of general adverse(affirmative) factors and general affirmative (adverse) factors is greater than that of adverse and affirmative factors of the primary consideration, then the judge shall decide whether to suspend the sentencing after assessing and comprehensively taking into account the factors listed under the suspension of sentence section.

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