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(영문) 서울중앙지방법원 2018.01.11 2017고단8083
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall sell foods, etc. imported without filing an import declaration, or gather, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, from September 22, 2017 to 15:00 on the same day, the Defendant parked three freight cars of the Defendant’s Ew in front of the Incheon Jung-gu, Jung-gu, Incheon, with approximately 300 meters away from C to around 15:00 on the same day, and collected and transported domestic agricultural products for sale by failing to make an import declaration by means of transporting to the front end of the Incheon Jung-gu, the name-gu, Jung-gu, Incheon., the number of freight of Incheon, 5kmg 15 km, 5kmg 15 km, 5kmg, 5kmg 28, 5km, 5kmg 20 km, and 3 freight cars, and without making an import declaration by means of transporting to the front end of the Incheon, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the records and photographs of seized articles;

1. Relevant Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Although there are extenuating circumstances such as the fact that the defendant for sentencing under Article 62(1) of the Criminal Act was sentenced to three times a fine due to the same crime, the sentence is ordered in consideration of the following circumstances: (a) the defendant recognized the crime and reflects the defendant; (b) the amount of domestic agricultural products he handled by the defendant is relatively large; (c) the defendant has no criminal record of suspended execution or more; (d) the defendant has the age, sex, sex, environment, family relationship, motive and consequence of the crime; and (e) records such as the circumstances after the crime and the conditions for sentencing as shown in the argument of this case

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