식품위생법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment, even though five products, such as "Dok," which do not contain any Korean language indication, are not brought to business use, but brought to drinking by his family, and the standard site after the expiration of the distribution period, were intended to be used by his family, and were not kept for cooking purposes.
2. Determination
A. The Defendant is a person who operates general restaurants in the name of Pyeongtaek-si C with “D”.
A person shall not sell, import, display, transport, or use for business purposes, foods, etc., for which the standards for labeling are determined, unless they are indicated in compliance with such standards. However, on September 16, 2013, the Defendant kept five products, such as referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to
In addition, despite the fact that a food service business operator should not prepare and store raw materials or finished products whose distribution period has expired for the purpose of sale, or use them for cooking food, the Defendant, on September 16, 2013, stored a single bottle of “standard (300g, approximately 1/2, circulation period: 12 months from the date of manufacture, and date of manufacture: 10 September 10, 2012) for cooking.”
B. The lower court determined that, in light of the facts and circumstances acknowledged by the evidence as indicated in its holding, the Defendant stored food additives without Hangul as indicated in the facts charged for cooking and selling, and that the distribution period has elapsed, stored them for cooking and selling, and that they stored them for cooking.
C. Comprehensively taking account of the evidence adopted by the lower court for the final judgment, the following facts or circumstances may be recognized.