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(영문) 서울서부지방법원 2015.09.25 2015노965
식품ㆍ의약품분야시험ㆍ검사등에관한법률위반등
Text

The judgment below

Each conviction against Defendant B and C shall be reversed.

Defendant

B and C shall be punished by imprisonment for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C’s punishment sentenced by the lower court to the Defendants (one and half years of imprisonment) is too unreasonable.

B. Prosecutor 1) The former Food Sanitation Act (amended by Act No. 11985, Jul. 30, 2013; hereinafter “former Food Sanitation Act”).

) The Act on the Testing, Inspection, etc. in the Food and Drug Industry provides that “an act of issuing a false report of inspection” shall be punished, and the term “an act of issuing a false report of inspection” under the former Food Sanitation Act refers to an act of inspecting standards, specifications, etc. under Articles 7 and 9 of the same Act (the term “testing and inspection” under the Act on the Testing, Inspection, etc. in the Food and Drug Industry is the same as the term “food sanitary inspection” under the former Food Sanitation Act.

If the object of inspection is related to the above criteria, standards, etc., it shall be deemed to fall under the "food Sanitation Inspection" under the former Food Sanitation Act or the "testing, inspection" under the Act on the Testing, Inspection, etc. in

Therefore, if a food sanitary inspection institution or testing and inspection institution issues a false statement concerning an inspection on standards and specifications, it constitutes "the issuance of a false statement" subject to punishment under the former Food Sanitation Act and the Act on Testing and Inspection in the Food and Drug Industry.

Article 27 subparag. 2 of the former Food Sanitation Act and Article 28(1)2 of the Act on Testing and Inspection, etc. in the Food and Drug Industry do not restrict the subject matter of punishment as a result of “inspection on entrustment of self-quality.” The classification of the subject matter of punishment into “personnel”, “production for submission”, “use for self-quality entrustment inspection”, etc. is merely based on the use or purpose of the document voluntarily designated by the food company that requested the inspection.

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