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(영문) 수원지방법원 안양지원 2016.08.26 2015고단2072
화학물질관리법위반등
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From March 2011, the Defendant sells electronic tobacco machinery and nicotine solution in Ansan-si, which is located in Ansan-si, to the present.

1. Any person who intends to operate a harmful chemical substance business in violation of the Control of Chemicals Act shall obtain permission from the Minister of Environment for each type of business, equipped with handling facilities by harmful chemical, handling facilities, equipment and technical personnel meeting the standards prescribed by Ordinance of the Ministry of Environment;

The Defendant did not obtain permission from the Minister of Environment, while engaging in the business of selling liquid containing at least 1% of nicotine, which is a substance to be harmful.

Nevertheless, on October 15, 2015, the Defendant sold the amount containing 210g nicotine in 1ml to the unclaimed male who was found as a guest within the above business establishment.

2. Any person who intends to operate a tobacco manufacturing business in violation of tobacco business shall obtain permission from the Minister of Finance and Economy, as prescribed by Presidential Decree.

The same shall also apply to any revision to important matters prescribed by Presidential Decree among the matters permitted.

On October 15, 2015, without the permission of the head of the planning department, the Defendant manufactured tobacco by mixing the flaco’s concentration with the flaco’s nicotine to the flag who was found as a customer within the above business establishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. According to the pertinent legal provisions on criminal facts, and Articles 58 subparag. 4, 28 (a place of harmful chemical business without permission), Article 27 subparag. 1, and Article 11 (a place of an unauthorized tobacco manufacturing business), and each fine for negligence [the evidence before determining whether to manufacture tobacco] can be acknowledged that the Defendant listens to the date stated in paragraph (2) of the judgment in the judgment of the court below, i.e., the horses that 1 degree of tobacco consumption is find from E in advance about the electronic tobacco consumption, and then combines nicotine’s nicotine concentration with the quantity corresponding to the volume corresponding thereto, which is steam with the tobacco leaves as a raw material.

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