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(영문) 광주지방법원 2016.05.11 2014고정1707
식품위생법위반
Text

The sentence against the accused shall be determined by a fine of one million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a cafeteria in Nam-gu, Gwangju.

A food entertainment business operator shall not keep raw materials or finished products, the distribution period of which expires, for cooking and selling purposes, or use such materials or finished products for food.

Nevertheless, the Defendant, while operating the above restaurant, kept the 1st ballot paper (200g, January 25, 2014) in which the distribution period has elapsed from January 26, 2014 to July 2, 2014; and the 7st ballot paper (2kg, March 31, 2014; March 30, 2014; March 30, 2014; the 1st ballot paper (20g, February 6, 2014; 200g, February 6, 2014; 2014; 30g, March 20, 2014) with the purpose of selling the above cafeteria.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F in part;

1. A protocol concerning the examination of the police officers of the accused;

1. Violations photograph [The evidence of the judgment reveals that, even after the expiration of the circulation period of the above two winterers, the Defendant violated the matters to be observed by the food service provider by keeping them for cooking and selling good foods prepared and sold at the restaurant operated by the Defendant, in addition to the following facts: (a) the fact that the F, a kitchen, was made by using the winterer in the above restaurant before his retirement; (b) the head of the above office-general was found in front of the above restaurant freezing; and (c) the fact that the public office-general and the subsequent public office-general are found to have been found to have been found to have been found to have been stored in the place in which the cafeteria used in the above restaurant was kept; and (d) the Defendant violated the matters to be observed by the food service provider by keeping them for cooking and selling the second and subsequent trends after the expiration of

Application of Statutes

1. Article 97 of the relevant Act on criminal facts, subparagraph 6 of Article 97 of the Food Sanitation Act and Article 44 (1) of the same Act concerning selective punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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