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(영문) 광주지방법원 순천지원 2021.01.21 2020고정409
식품위생법위반
Text

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

When the defendant does not pay the above fine, 30 days shall apply.

Reasons

Punishment of the crime

Food or additives that have been manufactured, imported, processed, used, cooked, or preserved in accordance with the standards and specifications in accordance with the provisions related to the Food Sanitation Act, and food or additives that fail to meet such standards and specifications shall not be sold or manufactured, imported, processed, cooked, stored, subdivided, transported, preserved, or displayed for sale.

Nevertheless, on March 31, 2019, the Defendant sold an amount equivalent to KRW 10,000 at the market price of 0.67mg/km (4km x 27) exceeding 0.05mg (0.67mg) located in the field located in Nam-gu Incheon Metropolitan City, which is the permissible remainder of agricultural chemicals (toppropas) cultivated in the field located in B, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Application of Acts and subordinate statutes on test, inspection result, inspection of scenic spotss, and farming photographs to immediately notify food inappropriate for prompt measures, such as recovery of the defendant's statement in court;

1. Article 95 of the relevant Act and Articles 95 subparagraph 7 and 7 (4) of the Food Sanitation Act concerning facts constituting an offense, the selection of a fine for negligence;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution under Articles 70 and 69 (2) of the Criminal Act (the amount of money to be returned: 100,000 won a day) of the Criminal Act (the fact that the defendant is older than 80 years old, the fact that the defendant has no criminal record for the same kind of crime, the scale of agricultural products sold by the defendant and the financial status of the defendant, etc.);

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