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(영문) 수원지방법원 2013.09.11 2013고단3562
전기용품안전관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No manufacturer of electrical appliances subject to safety certification shall manufacture electrical appliances subject to safety certification without obtaining safety certification.

The defendant is a person who directly manufactures cables (TFR-VF, 2.5S Q* 2C) electrical appliances subject to safety certification while operating the corporation C in the ethic City B.

Nevertheless, around November 2012, the Defendant manufactured approximately KRW 800 rolls of cables (TFR-VF, 2.5S Q* 2C) equivalent to the market price of electrical appliances subject to safety certification at the above place without obtaining safety certification.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes on accusation, written confirmation, and illegal product photograph;

1. Article 25 of the Act on Criminal Facts and Articles 25 subparagraph 2 and 3 (1) of the Electrical Appliances Safety Control Act that have the option of a punishment;

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed the instant crime even though he/she had been punished for the same crime on August 2010 and August 2012, the Defendant again committed the instant crime, and the risk of products that may arise from the instant crime, and infringement of consumer confidence, it is necessary to strictly punish the Defendant.

However, the punishment shall be determined by comprehensively taking into account all the sentencing conditions in the instant case, including the fact that the Defendant led to the crime, the fact that the Defendant was committed in the course of endeavoring to obtain safety certification, and the motive, means and results of the instant crime, the circumstances after the crime, the age, character and conduct of the Defendant, and family environment.

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