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(영문) 인천지방법원 2016.11.18 2016고단6961

식품위생법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No one shall sell foods imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods for sale.

Nevertheless, the Defendant collected food from around 15:00 on October 19, 2016 to around 16:40, at the collection center of the Incheon 1 International Passenger Terminal, and transported it by the above methods, stored the agricultural products stored in the agricultural products stored in Bupyeong-gu Incheon Metropolitan Government, which was operated by the Defendant, for the purpose of selling Class 11 665kg to the domestic market, for instance, for the purpose of collecting 11-Class 665kg for domestic construction and transport from 10 Chinese customers boarding the Incheon and China, and for the purpose of selling it to the domestic market. From around 14 to 19th of the same month, the Defendant collected the food of KRW 1,130.4kg (3,81,300 at the market price) on three occasions, and stored it in the agricultural products stored in the agricultural products stored in Bupyeong-gu, Incheon Metropolitan City.

As a result, the Defendant stored imported foods for sale in 1,130.4kg which did not file an import declaration.

Summary of Evidence

1. Defendant's legal statement;

1. Sovereign photographs;

1. Application of Acts and subordinate statutes to notify the referral of an investigation report (sanitary and seizure measures of Bupyeong-gu Incheon Metropolitan City of Central Agricultural Products), illegal imported agricultural products with seizure sealing, etc.;

1. Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act (the point of storage of food without import declarations and the choice of imprisonment), which relate to the relevant criminal facts and the choice of punishment;

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. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on November 19, 2015, considering the following: (a) the Defendant was sentenced to a fine of three million won for the crime under Article 94(1)1 and Article 4 Subparag. 6 of the Food Sanitation Act; and (b) the Defendant again committed the instant crime on November 27, 2015 after the sentence became final and conclusive; and (c) the Defendant was sentenced to a fine for the same kind of crime in 2003, the Defendant is likely to repeat the crime after considering the likelihood of recidivism.