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(영문) 인천지방법원 2015.04.23 2015고단437
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to import foods, etc. for sale or business purposes shall report such fact to the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and shall neither sell imported foods, etc. nor gather, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless, on September 22, 2014, the Defendant, in collusion with wife D on September 2, 2014, purchased land, bean, bean, bean, bean, bean, bean, bean, bean, bean, crum, crums, melt bean, melt bean, and used to sell, used domestic agricultural products carried in to the Republic of Korea through the second International Passenger Terminal of Incheon at the bean area in Jung-gu Incheon, Jung-gu, Incheon, through the second International Passenger Terminal, and then removed the vinyl of agricultural products packed on a 5 km unit, and stored them for the purpose of selling, without filing an import declaration as indicated in the attached list of crimes, for the purpose of selling agricultural products 10 km, 20 g, 30 g, 30 g, 35 g, 40 g, and 837 g, 85 g, 86 g, and 89 g.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning partial examination of suspect with regard to D;

1. Statement of the police statement concerning F;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (Attachment of a certified copy of a internal investigation report);

1. Article 94(1)1 and Article 4 subparag. 6 of the Food Sanitation Act, Article 30 of the Criminal Act, the choice of imprisonment for a crime, the choice of punishment

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the size of detection of the crime is not significant, the favorable circumstances, such as the detection of residual agrochemicals from the agricultural products seized, and the end of June, 2014, immediately after being punished as a fine due to the detection of the same crime as this case, and immediately after being punished as a fine.

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