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(영문) 서울남부지방법원 2018.05.18 2017노173
식품위생법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 30,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (limited to eight months of imprisonment, two years of suspended sentence, and forty hours of community service order) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance trial, the prosecutor applied for changes in the indictment of this case as stated in the facts charged below, and since this court permitted the changes in the subject of the judgment, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting the crime and the evidence against the defendant recognized by the court of this case is as follows: Article 369 of the Criminal Procedure Act does not change the list of crimes in attached Form 1-9 and add "1. Defendant's trial statement" to the summary of the evidence as shown in attached Form 1 and it is identical to each corresponding column of the court below's judgment. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

The Defendant is a person who manages the Internet Blob "E" (F) while operating the "D veterinary hospital" in Gangseo-gu Seoul Metropolitan Government C.

1. Violation of the Food Sanitation Act;

(a) No person who violates any prohibition, such as sale of chemical synthetics, etc. not determined and supported by standards and specifications, shall use additives which are chemical synthetics not supported by such standards and specifications or substances containing such chemical synthetics as food additives, or sell foods containing such food additives or manufacture, import, processing, use, cooking, cooking, subdividing, transport or display such foods for sale;

1) The amount used for the Defendant is the amount used at the above veterinary hospital around January 2014.

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