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(영문) 대전지방법원 2019.07.11 2018노3342
식품위생법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A The above fine shall be imposed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misunderstanding of legal principles) Defendant A stored dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna

However, since the above cooling process is not an essential process for the production of rice mills, the date of completion of cooling and drying rice rice mills must be indicated as the date of manufacture of rice mills.

Nevertheless, the court below deemed the date of cutting and packaging the above rice deemed as the date of manufacturing rice deemed as the date of rice tea, and sentenced Defendant A and Defendant B not guilty. Thus, the court below erred by misapprehending the legal principles as to manufacturing process of rice tea, and by misapprehending the manufacturing date under the food sanitation Acts and subordinate statutes.

2. Determination

A. In full view of the circumstances in the judgment below, the court below held that the date of manufacture of rice tea, which is the date of cutting and packaging rice tea, shall be deemed as the date of cutting and packaging them, and the evidence submitted by the prosecutor alone, which is different from the facts as to the date of manufacture of rice tea, which is the date of Defendant A and B at the time of Defendant A and B

The Defendant A and B not guilty of the instant facts charged on the ground that it is difficult to view it as having been or otherwise recognized, and there is no other evidence to acknowledge it.

B. (1) The former Food Sanitation Act (amended by Act No. 15484, Mar. 13, 2018), the Act and subordinate statutes related thereto, and the Act and subordinate statutes related thereto.

subsection (hereinafter referred to as the "Act") shall be

According to Article 10(1) of the Act, the Minister of Food and Drug Safety may determine and publicly notify the standards for the indication of food, etc. for sale, if necessary for national health (Article 10(1)1 of the Act), and the standards shall include the date of manufacture, the period of distribution, or the period of quality maintenance (Article 10(3)3 of the Act. According to Article 10(3)3 of the Act and Article 11 of the Ministry of Food and Drug Safety Notice 2016-45 of the Act, “standards for food, etc. labelling” established and publicly notified by the

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