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(영문) 전주지방법원 2016.10.12 2016고정654
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in the Jeonju-si Seoul Metropolitan City B.

1. The Minister of Food and Drug Safety who violates the Food Sanitation Act due to the storage of foods that fail to meet the standards and specifications shall, if necessary for national health, determine and publicly notify the standards and specifications concerning foods or food additives for sale, and manufacture, import, processing, use, cook, cook, preserve foods or food additives, the standards and specifications of which are determined accordingly, in conformity with such standards and specifications, and shall not sell foods or food additives which fail to meet the standards and specifications, or manufacture, import, process, use, cook, store, subdivide, transport, preserve or display such foods or

Accordingly, on May 9, 2016, the defendant preserved the heatless Kimchi, the same of which is cultivated by the commander germs, for the purpose of selling heatless kimchi in the above restaurant.

2. Where a food service business operator who has violated the Food Sanitation Act following the failure of water quality testing uses groundwater, etc. for cooking, washing, etc. drinking water or food, he/she shall use water recognized as fit for drinking water after undergoing an inspection by a drinking water quality testing institution under the Management of Drinking Water Act;

Nevertheless, the Defendant used groundwater in the above restaurant from around May 17, 2014 to May 16:50, 2016 for the washing of heat-free ingredients, but did not perform water quality testing.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A certificate, evidentiary document, or business report management ledger;

1. Application of Acts and subordinate statutes to investigation reports or investigation reports, criminal summary reports and accompanying documents, and photographic documents;

1. Point of keeping foods that do not meet the relevant legal standards and specifications for criminal facts: Subparagraph 1 of Article 95 of the Food Sanitation Act and Article 7 (4) of the same Act: Subparagraph 6 of Article 97 of the Food Sanitation Act;

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