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(영문) 인천지방법원 부천지원 2019.03.28 2018고단3328
제품안전기본법위반
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates C Co., Ltd. in Bupyeong-gu, Seocheon-gu.

No one shall manufacture or distribute any product that causes or is likely to cause any danger or injury to consumers' lives, bodies, or property by modifying parts, etc. of the relevant product after obtaining certification, making a report, checking, etc. as prescribed by any individual statute.

Nevertheless, around October 2017, the Defendant manufactured or distributed products that cause or are likely to cause harm to the life, body, or property of consumers by changing approximately 400 electric stoves (250V, 16A, and 16A), which are different parts from the time of certification, by using electric stoves (250 V, 16A, and 16A), rather than certified products (certified products), which are the internal components of electric stoves (certified number D, model name E), which are products subject to safety certification at the above C’s place of business.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the defendant (including H's statement)

1. A written statement of I;

1. Application of Acts and subordinate statutes as a result of the fourth safety investigation, safety certification, vision and examination;

1. Article 26 (1) 1-2 of the Act on the Safety of Products and Articles 26 (1) 4 and 11 (1) 4 of the Framework Act on the Selection of Criminal Facts and the Selection of Imprisonment with labor;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing below) are as follows: the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.

Unfavorable circumstances: The product of this case is a product subject to safety control, and there is a risk of threatening consumers' life, health, and property when arbitrarily modifying the parts at the time of certification.

The number of manufactured and sold products after voluntary change reaches 400.

In this case, there has been a history of punishment for the same and similar crimes, and it has not been passed thereafter.

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