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(영문) 대전지방법원 논산지원 2014.01.21 2013고단472

식품위생법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who engages in food manufacturing business, such as electric powder and air conditioning, with the trade name of “C” in Chungcheongnam-nam-gun.

1. A food manufacturing and processing business operator who violates the Food Sanitation Act due to the violation of facility standards shall have a workplace with a structure that prevents the inflow of external pollutants, pests, installations, rainwater, etc.;

Nevertheless, around April 25, 2013, the Defendant did not have a place of work with the aforementioned structure while manufacturing the entire part at the above place of business, and processed the entire part of the front part of the front part by installing a wooden foundation on the road adjacent to the access road to the said place of business and displaying the front part of the 25 square meters in the wooden foundation.

2. A food manufacturing and processing business operator violating the Food Sanitation Act due to a violation of his duty of quality control shall prepare documents concerning the production and work records of food, documents related to raw material receipts and disbursements for storage, delivery and use of raw materials, and records of transactions of products for three years from the date of the last entry;

Nevertheless, the Defendant, at around April 25, 2013, did not keep the documents related to production and work records, and documents related to raw materials receipt and delivery and delivery of raw materials, and the transaction records of goods for three years from the date of the last entry in the place of business “C”, when using raw materials for manufacturing and processing food, etc. at the above place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report, on-site pictures, etc., and each description of the site pictures, or the application of video Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for criminal facts: Article 97 subparagraph 4 of the Food Sanitation Act, Article 36 (1) 1 of the same Act (the point of violating the standards for facilities), Article 97 subparagraph 6 of the same Article, and Article 42 (1) of the Food Sanitation Act (the point of violating the duty of quality control), which prescribes

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation Act;