logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.12.07 2017고단1295
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who manufactures, processes, and sells salted fish with the trade name of “D” in occin C.

Any person who intends to engage in food manufacturing and processing business shall register with the Minister of Food and Drug Safety or a branch office of the Special Self-Governing Province or the head of a Si/Gun/Gu.

In addition, no person shall sell foods or additives for sale or import, display, transport them for sale or use them for business unless they are marked in compliance with the standards publicly notified by the Minister of Food and Drug Safety.

Nevertheless, the Defendant, without registering food manufacturing and processing business from January 201 to May 12, 2017, sold 1,01 to the destroyed salted fish 1,01 (the market price is 46,506,000 won) manufactured and processed by inserting salt in the destroyed salt in the above D “D,” to each of the agricultural branch offices of the business parties, and did not put an indication meeting the criteria for indication, and used it for business purposes by storing 126 to the fished fish 126 (the market price is 5,796,000 won) with no indication meeting the criteria for indication under the above D “D” around May 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E, F, G, H, I, and J;

1. Account statement, compiled, and business registration certificate;

1. As to the internal investigation report (as to the legal review), investigation report (as to the report of detection of the manufacturer of the salted fish without registration, attaching the report of detection of D), investigation report (as to the on-site photo attachment), investigation report (as to the confirmation document and attachment of attachment evidence), the application of the law

1. Articles 95 subparag. 2-2, 37(5) (the point of operating a food manufacturing and processing business without registration) of the relevant Act on criminal facts, Article 97 subparag. 1, and Article 10(2) of the Food Sanitation Act (the point of using food for sale in violation of labelling standards) of the relevant Act on criminal facts, and the selection of imprisonment, respectively;

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. The reason for sentencing under Article 62(1) of the Criminal Act does not properly understand the relevant laws and regulations.

arrow