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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Although it is sufficient to find the defendant guilty of this part of the charges because the defendant was led to confession by the prosecution, and the reinforcement evidence is sufficient, the court below acquitted the defendant of this part of the charges, which affected the judgment.
Judgment
The Defendant in the facts charged in this case is the representative of the food manufacturing and processing company, which is C Co., Ltd.
On May 15, 2013, the Defendant: (a) around May 15, 2013, the producer or processor of foods, whose distribution period has expired, displayed, stored, or sold products for sale purposes; or (b) kept 20 kmx 12 cm, 1, etc. (the distribution period: 19:46 July 13, 2012) 20 km, 30 gx 40 gx 20 gx 30 gpx 20 gpx 20 gpx 20 gpx 30 gpx 20 gpx 20 glm 20.
Judgment
Article 44 (1) of the Food Sanitation Act provides that business operators and their employees prescribed by Presidential Decree, such as food service business operators, shall observe matters prescribed by Ordinance of the Prime Minister in order to promote the sanitary management and maintenance of order in business, and the health and sanitation of the people. Article 55 of the Enforcement Rule of the Food Sanitation Act, which is Ordinance of the Prime Minister, provides that business operators who manufacture and process foods or food additives, and their employees shall comply with the rules under
Subparagraph 3 of attached Table 16 of the above Rule provides that "products, the distribution period of which has expired, shall not be displayed, stored, or sold (limited to cases where such products are displayed, stored, or sold through an agency, or directly) for sale or shall not be used for manufacturing or processing foods, etc.: Provided, That this shall not apply to cases where such products are displayed or stored by clarifying the destruction or education purpose."
A prosecutor shall apply the former part of subparagraph 3 of attached Table 16 to a defendant.