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(영문) 서울서부지방법원 2017.09.27 2017고합133
보건범죄단속에관한특별조치법위반(부정식품제조등)등
Text

Defendant

A Imprisonment with prison labor of four years and fine of 5.5 billion won, Defendant B's imprisonment with prison labor of one year and six months and fine of 5.5 billion won, and Defendant C.

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendants' exercise of their right to defense, some correction or correction was made according to the facts obtained through the examination of evidence.

1. Defendant A and Defendant B’s joint crime is a person who actually runs the F Co., Ltd., an agricultural company established for the purpose of manufacturing and selling the red powder powder in R (hereinafter “F”), and Defendant B is a person who actually manages the order and tallying of raw materials with the factory site in F, and the overall control over the manufacture of red powder powder.

Foods or additives, the standards and specifications of which are determined, shall be manufactured, imported, processed, used, cooked, or preserved in accordance with such standards, and foods or additives that fail to meet such standards and specifications shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved, or displayed for sale.

Meanwhile, according to the food standards and specifications (amended by Presidential Decree No. 2005-46, Jul. 1, 2014; hereinafter “food Code”), “straw powder” portion is “it shall not be used in the manufacture of red powder by adding straws separately after being able to be used only for those produced from the straw of raw materials.” (hereinafter “instant provision”). Defendant A and B conspired with the following: (a) from July 1, 2014 to February 6, 2017; (b) from around 11 through 11, 13 through 98, 10 to 17, 108, 18, 10 to 17, 18, 16, 6.6, 6.6, 6.6, 6.6, 6.6, 6.6, 6.6, 6, 6.6, 106, 6.6, 108, 6.6, 108, 6.6, 1, 1,2,3.6.

However, the evidence duly adopted and examined by this court.

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