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(영문) 전주지방법원 2015.06.18 2015고정111

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C cafeteria” in the former Military State B.

A person who operates a general restaurant shall not keep raw materials or finished products, the distribution period of which has expired, for the purpose of cooking and selling, or use such materials or finished products for cooking food.

Nevertheless, around 14:45 on July 21, 2014, the Defendant: (a) stored one “competing fating fat,” the distribution period of which was up to March 14, 2014, in the “Ccafeteria”; (b) stored one “competing fating fating fating fat,” in the kitchen for cooking purposes, such as fating fating fat

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each investigation report;

1. A statement of detection;

1. A certificate;

1. A copy of a business report;

1. Application of the photographic Acts and subordinate statutes;

1. Article 97 of the Food Sanitation Act and Articles 97 and 44 (1) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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 (which is not subject to the sentencing criteria) of the provisional payment order (the sentencing criteria) is recognized as the defendant recognized the crime of this case, and his depth is divided, and the defendant has no record of punishment heavier than the fine, but the defendant has the record of having been punished one time for the same crime. The crime of this case requires strict punishment in light of the legislative purpose of the Food Sanitation Act to prevent sanitary harm caused by food, and the crime of this case requires strict punishment in light of the above legislative purpose of the Food Sanitation Act. In addition, the defendant's age, character, environment, motive, means and consequence of the crime of this case, and the various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime