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(영문) 대전지방법원 2019.08.30 2019고정685

농수산물품질관리법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 17, 2017, the Defendant: (a) was found to have discovered agricultural chemicals in excess of the permissible level as a result of the residual inspection of agricultural chemicals by collecting samples from the Defendant at the Geumsan-gun, Chungcheongnam-gun; (b) was found to have exceeded the permissible level as a result of the reinspection of residual agricultural chemicals around March 3, 2018; (c) was found to have exceeded the permissible level as a result of the reinspection of residual agricultural chemicals around February 19, 2019; and (d) was again notified by the public official in charge of postponement of shipment by October 22, 2019, as a result of reinspection of residual agricultural chemicals around September 7, 2018.

Nevertheless, the Defendant, on March 18, 2019, did not implement measures for postponement of shipment of agricultural products with the detection of remaining agricultural chemicals by extracting and selling all ginseng on the ground that the ginseng cultivated in the above ginseng field had the timing of extraction, and that the said ginseng is brupted at the booming level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to notices of accusation against violators of the Quality Control of Agricultural and Fishery Products Act, accusation reports, details of detection, evidentiary photographs, inspection of the actual status of non-compliance with the shipments of ginseng products, and dispositions

1. Relevant Article of facts constituting an offense, and subparagraph 6 of Article 120 and Article 63 (1) 1 of the Agricultural and Fishery Products Quality Control Act that has been selected as a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the instant act is likely to cause harm and harm to the public health, but it appears that the defect of agrochemicals in detecting a pesticide in excess of the permissible level seems to have been the main reason. The fact that the Defendant sold ginseng and received the ginseng is 7 million won, the Defendant recognized the error and against the Defendant.