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(영문) 인천지방법원 2019.05.24 2019고정886
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

No one shall sell, collect, manufacture, import, process, use, cook, store, subdivide, transport or display foods containing poisonous or harmful substances or foods, etc. which are likely to cause such foods, etc. for sale.

Nevertheless, around September 2018, the defendant, at the defendant's house located in the Namdong-gu Incheon Metropolitan City, advertised "Surdenaftile system" in the "Surden" and "Trualafil" in the "Surdenafil" as a kind of treatment related to sex functions such as Surgra, and sold two sets of 80,000 won (1 feet in 1 feet) to B (10 feet) who was known to the general public.

As a result, the Defendant sold ‘uniitable' food that contains harmful ingredients, such as gynites and gynites, which is a food containing harmful ingredients.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation and reports on internal investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 94 (1) 1 and Article 4 subparagraph 2 of the Food Sanitation Act applicable to the relevant 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the purpose of the Food Sanitation Act that aims to prevent sanitary harm caused by foods on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act, and to contribute to the improvement of national health, the Defendant’s liability for the crime is not somewhat weak.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

The defendant's economic situation is not good.

In the above circumstances, the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered by considering the following circumstances.

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