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(영문) 부산지방법원 2012.4.5.선고 2012고단382 판결
식품위생법위반
Cases

2012 Highest 382 Violation of the Food Sanitation Act

Defendant

Ano○ (OC○○○) and food processing business.

Residence Seo-gu Busan ○ Dong

Seoul Northern District Court Decision 200

Prosecutor

The hand-time (prosecution) and Kim Jong-Un (public trial)

Defense Counsel

Attorney Park Gi-won (National Assembly)

Imposition of Judgment

April 5, 2012

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive. To order the defendant to provide community service for 120 hours.

Reasons

Criminal facts

The defendant is a person who operates '000 logistics' in Seo-gu POdong 10-00 Busan, and is engaged in food manufacturing and processing business.

A business operator who manufactures or processes foods or food additives shall observe matters prescribed by Ordinance of the Ministry of Health and Welfare for raw material management, manufacturing process, and sanitary management of foods, etc., and follow such rules.

Although products whose distribution period has expired should not be displayed, stored, sold for the purpose of sale, or used them for the manufacture and processing of food, etc., the defendant, around July 201, entered the date of manufacturing at the above freezing warehouse as the date of manufacturing at around May 18, 201 and the period of distribution as the date of ‘24 months from the date of manufacturing' on November 2007, and sold 140 km-dong 168 km-dong 168 km-dong, the remaining horns-dong.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The packaging paper for the suicide products;

1. On-site photographs of the detection business establishment;

Application of Statutes

1. Article applicable to criminal facts;

Articles 97 subparag. 6 and 42(1) of the Food Sanitation Act (Selection of Imprisonment)

1. Suspension of execution;

Article 62 (1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

Not only after the expiration of the period for the reason for sentencing, but also after the expiration of the period for the distribution of the reason for sentencing, it is not good that the defendant has caused considerable harm to the national health by cleaning the dust by breaking the flag which cannot be used for food due to the malfunction of the freezing warehouse and then packaging it in small scale on the plastic container and supplying food materials to the Chinese house, etc. that is frequently used by ordinary people. However, it is not good that the crime is committed in that the defendant has no record of the same crime while operating a fishery product processing business for 10 years. However, the fact that the defendant has collected and discarded most of the sold cattle while operating the fishery product processing business for 10 years, and reflects

Judges

Judges Jeon Soo-hwan

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