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(영문) 대전지방법원 2015.01.22 2014고정1299

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

A business operator who manufactures or processes foods or food additives and his/her employees shall prepare documents related to raw material management, production process, and other sanitary management of foods, etc. and documents related to raw material receipt and delivery for storage, delivery, and use of raw materials, and keep them for three years from the date of the last entry.

From early April 2013 to March 2014, the Defendant is a person who engages in the business of manufacturing native oil with the trade name called "E" in Daejeon Seo-gu Daejeon, Daejeon, and from March 2014 to March 2014, the Defendant is a person who conducts the business of manufacturing native oil with the trade name of "E" in Daejeon Tae-gu, Daejeon.

From the early April 2013 to May 10, 2014, the Defendant did not prepare documents related to production and work records and documents related to the storage, delivery, and use of raw materials at the aforementioned company, while manufacturing flag oil from the early May 10, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on internal investigation (Attachment to a detailed statement of transactions), investigation report (a document of transactions of purchasing rooftop oil, attach to the current status investigation by seller of clean food, attach a detailed statement of transactions, attach a detailed statement of transactions, and report on manufacturing and distributing quantity);

1. Application of Acts and subordinate statutes of the On-Site photographs, the Director of the Sales Office, specifications of transactions, and commissioners;

1. Article 97 of the Food Sanitation Act and Articles 97 and 42 (1) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant of the reason for sentencing under Article 334(1) of the Provisional Payment Order is inevitable to make a strict punishment for the same criminal records, but confession and is in depth against the defendant, and it appears that the provision is not well-founded.

Here, considering all the circumstances such as the defendant's age, character and conduct, health, home condition, and circumstances after the crime, the punishment as ordered shall be determined.