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(영문) 수원지방법원 2016.11.17 2016고정130

식품위생법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative of C, food manufacturing and processing chain “D” when he/she is in harmony with the facts charged.

Business operators who manufacture or process foods or food additives and their employees shall observe matters prescribed by Ordinance of the Prime Minister for the sanitary management of raw materials, manufacturing process and other foods, etc.

그럼에도 불구하고, 피고인은 2015. 10. 19. 위 “D” 원료 창고에 식품 제조 목적으로 유통기한(2011. 12. 10.까지)이 경과한 식품첨가물인 갈비맛시즈닝(20kg) 3포대를 보관한 것과 원료 배합실에 식품첨가물인 바비큐맛 시즈닝(5kg, 유통기한 2014. 11. 11.까지) 2포, 푸드바이더(5kg, 유통기한 2013. 2. 16.까지) 1포, 슈퍼바인더(2kg, 유통기한 2015. 9. 10.까지) 9포 등 총 88kg 상당의 식품첨가물을 소스 제조 목적으로 보관한 것이다.

2. Determination

A. The defendant and his defense counsel asserted that the defendant, from around 209 to around October 19, 2015, in order to operate a resus production factory under the name of "D" in the name of his spouse E, the defendant moved the re-factory to a susified city in order to expand the factory, registered his business in the name of the defendant around April 2015, and newly purchased machinery as a new factory in the name of the defendant, from around Sep. 2015, the machinery and goods purchased at the Sinsung city in the name of the defendant and moved the machinery and goods that had been stored at Sinsung city in the process of transferring the factory. The food additives stored for the disposal of the factory were also transferred, and the food additives listed in the facts charged were also regulated in the process of classifying the disposal of the factory around October 19, 2015. The defendant did not keep it for the purpose of manufacturing the sus

B. The burden of proving the facts charged in a criminal trial shall be borne by the prosecutor, and the conviction shall be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. As such, this shall be the same.