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(영문) 수원지방법원 안산지원 2015.10.19 2015고단1854

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Foods, the standards for labeling of which are determined, shall not be sold, imported, displayed or transported for sale, or used for business, unless labels meeting such standards.

Nevertheless, the Defendant operated food manufacturing and processing business with the trade name “D” in the building located in Ansan-si, Ansan-si, and sold at around May 18, 2015, 195 urban village produced by the above company (the market price of KRW 4,500 per unit) without indicating matters concerning food labeling, such as the name of food, the name of business, and the date of manufacturing, etc. from November 12, 2012 to May 18, 2015, without indicating matters concerning food labeling.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Reporting on recognition of crimes;

1. A certified transcript of corporate register and photographs of the detection business establishment;

1. Application of Acts and subordinate statutes to each investigation report (the submission of a statement in relation to the crimes period, specific and sales materials, etc., women's families, food sanitation and food sanitation, and officials in charge

1. Article 97 of the Food Sanitation Act applicable to the relevant criminal facts and Articles 97 subparagraph 1 and 10 (2) of the same Act, the selection of fines for the selection of punishment;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act for sentencing order of provisional payment order is in violation of the pertinent law by providing that when a defendant operating a food manufacturing and processing business undergoes a food collection inspection after obtaining a notice on the food labeling standards, he/she shall pass the inspection by attaching the food labeling items, and actually delivers the food collection inspection after collecting the recycled container for the reason that it is difficult for him/her to attach the above items after washing. The defendant did not detect the matters related to food sanitation in the process of manufacturing urban community products directly delivered to children, and the defendant complies with the disposition of a penalty surcharge.