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(영문) 광주지방법원 2019.01.09 2018노2487

식품위생법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the Defendant was unaware of the fact that approximately 20 kg of the sun-dried salt as stated in the facts constituting the crime in the judgment below was not recorded in the producer's name or that the production year was falsely recorded in the production year, and there was no intention to do so, and that the Defendant did not transport the sun-dried salt for sale, and thus, there was an error of mistake in the determination of facts against the Defendant.

2. Determination

A. The lower court found the Defendant guilty of the facts charged of the instant case on the ground that the Defendant did not intend to sell, import, display, transport, or use for business food, etc., the criteria for labeling are not indicated as well as the producer, and that the Defendant had a duty not to sell, import, display, transport, or use for business for the purpose of sale, and that there was no purpose of sale on the ground that the Defendant stored in outdoor in order to deduct the liver water, and that there was no intention inasmuch as the producer’s name is not indicated or the production year

B. The court below's judgment is justified in its determination on the grounds that the circumstances found by the evidence duly adopted and investigated by the court below, and considering the following circumstances acknowledged by the above evidence, the defendant can recognize the fact that the sun-dried salt of this case was transported for sale, although the defendant knew that the producer's name was not stated or that the production year was falsely stated in the sun-dried salt of this case. Thus, the judgment of the court below is justified, and there is no error of law of misunderstanding of facts as alleged by the defendant.

① The Defendant provided the producers with a forum for the indication of the producer, production year, etc., and the producer disturbance was the blank part of the relevant belt.

Then, the defendant is the defendant.