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(영문) 제주지방법원 2015.10.23 2015고정800

식품위생법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who, in Jeju, operates a mutual retail business from June 5, 2015 with a mutual name and retail business.

No one shall place an indication or advertisement with a content that has efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine or functional health foods with regard to the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc., and food traceability labelling.

Nevertheless, the Defendant sold products from tending mulberry, indicated the phrase “the treatment of smoking diseases, the effect of hyscam, the prevention of urine diseases,” “gyscinary urines, missing scinary, and Mescinary urines”, and indicated or advertised that the Defendant might have efficacy or efficacy in the prevention and treatment of diseases, or to mislead or confuse it as medicine or health functional foods, by distributing a leaflet equivalent to 2,000 copies around June 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any violation of the Food Sanitation Act;

1. A certificate;

1. Application of the former part of the statute;

1. Relevant legal provisions concerning criminal facts, the choice of punishment, and Articles 94 (1), 2-2, and 13 (1) 1 of the Food Sanitation Act, and the choice of fines;

1. Pronouncement of a suspended sentence under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e., the fact that it is recognized as an event room and reflects; Article 100,000 won per day); Article 59(1) of the same Act (see, e.g., the fact that the instant store was opened, and the act of distributing the leaflet of this case was committed only once a day, and all of the remaining leaflets were discarded):