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(영문) 인천지방법원 2017.12.22 2017고정2748
식품위생법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall sell foods, etc. imported without filing an import declaration, or gather, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, on January 14, 2017, at a warehouse located in Dong-gu Incheon, Dong-gu, Incheon, on 16:35, the defendant imported without filing an import declaration, 109 of the Chinese Republic of Korea (5km), 23 of the smuggling (5km), 79, 15 of the shoulder (30km), 15 of the shoulder (5km) 85, 2 of the shoulder (5km) 16, 30km (5km), 16, 38, 38, 11, 5 km (35 km), 126, 125 km, 25 g, 25 g, 25 g, 25 g, 25 g, 25 g, 25 g, 25 g, 30 g, 25 g, 25 g, 25 g, 25 g, 30 g, 5 g.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to photographs of warehouse, reports on seizure and list, on-site photographs, and photographs of seized articles;

1. Relevant Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act concerning facts constituting an offense, and Articles 94 (1) 1 and 4 of the same Act concerning selective punishment, and selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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