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(영문) 의정부지방법원 2017.05.11 2017고정457
어린이제품안전특별법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative of C Co., Ltd. with the purpose of manufacturing and distributing motor vehicle products in South Korea-si B.

A manufacturer or importer of products for children subject to safety certification shall obtain safety certification for products for children subject to safety certification from a safety certification institution, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

Nevertheless, from March 10, 2016 to August 11, 2016, the Defendant manufactured an amount of 800 "polym chyke C" equivalent to 35,000 won at the market price, which is a product for children subject to safety certification, as a product for children subject to safety certification, without obtaining safety certification at the factory of the said corporation C, from March 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement prepared D;

1. Safekeeping photographs of products;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 41 of the relevant Act on Products for Children and Article 41 of the Special Act on Products for Children for the Safety of which punishment is selected, and Article 41 of the same Act and Article 17 (1) of the same Act, and selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant acknowledged the criminal facts of this case and reflects his mistake; and (b) the defendant already manufactured a product with a string of string of the product certified as safe; and (c) the illegality is relatively minor.

The fact that it should be recognized as a favorable condition to the defendant.

However, in light of the details and methods of the crime, the legislative intent of the Special Act on the Safety of Products for Children, etc., the crime of this case, which manufactured products for children without obtaining safety certification, is not less and less than the nature of the crime in light of the legislative intent of the Special Act on the Safety of Products for Children, has been punished several times due to the crime of this kind, the balance of general punishment in the cases of the same or similar kind, and the defendant's age, sex behavior, intelligence and environment, and the motive, background, means and consequence of the crime of this case, the circumstances after the crime, criminal records,

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