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(영문) 부산지방법원 2018.05.17 2017노4314
식품위생법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts or legal principles 1) Regarding the operation of the manufacturing and processing business of unregistered foods (Article 1 of the facts charged) (1) i.e., the defendant who runs the manufacturing and processing business of spot-sale food does not have to complete the registration of a separate food manufacturing and processing business, i.e., a person who runs the manufacturing and processing business of spot-sale food may also engage in manufacturing and processing at the third place, and ii) the defendant's supply of food free of charge to himself/herself and does not sell it to a third party, and thus is not for business purposes. Thus, the defendant cannot be deemed to operate the manufacturing and processing business without registration. ③ The defendant's manufacturing and processing of food is not "from the end of 2014 to December 7, 2015," but "from the end of 2015 to the end of December 7, 2015," but the court below erred by misapprehending the facts charged or misapprehending the legal principles.

2) As to the use of food in violation of labelling standards (Article 2 of the facts charged), ① the new and root years “in a transparent package so that contents can be verified with vinyl, etc. for the preservation of natural food,” or “natural agriculture, forestry, and fishery products” are excluded from food subject to labelling, and ② the Defendant was not subject to punishment due to violation of labelling standards because he was not registered as a business operator under the Food Sanitation Act, but the lower court convicted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

3) Regarding the storage of the past food due to distribution deadline (Article 3 of the facts charged) ① The Defendant was unable to timely destroy any dynasation, etc. after the expiration of the distribution deadline, but did not keep it for cooking and selling. ② Even though the Defendant did not register as a business operator under the Food Sanitation Act and did not constitute punishment for violation of the business operator’s code of practice, the lower court also held this part.

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