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(영문) 수원지방법원 2016.03.24 2016고정102
식품위생법위반
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 person who runs the “C” (food manufacturing and processing business) in the Slified City B.

1. No one shall sell, import, display or transport for sale, or use for business purposes, foods, etc., the standards for indicating the violation of labelling standards are determined, unless they are labeled to meet such standards;

Nevertheless, around October 19, 2015, the Defendant manufactured and processed 15kgg 9 gres, breg 20kg 3 stuffs, 15kg 15kg gres, breg 15kg mix 20kg breg 6 gres, and stored in C freezing for sale purposes without labeling.

2. Any business operator who manufactures or processes foods or additives that violate matters to be observed by business operators, and his/her employees shall observe matters prescribed by Ordinance of the Prime Minister for the sanitary management of raw materials, manufacturing process, and food, etc.;

Nevertheless, on October 19, 2015, the Defendant made up of 3km 3 km, 2km 7 kg, and Cheonggo 2 kg 10 g, for sale, and stored in C freezing storage even after the expiration of the distribution period.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of business trip;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act, Article 10 (2) and Article 10 (1) 1 (the point of violation of labelling standards), Article 97 subparagraph 6 of the Food Sanitation Act and Article 42 (1) of the Food Sanitation Act (the point of violation of matters to be observed by a business operator), and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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