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(영문) 대전지방법원홍성지원 2020.11.09 2020고정112
식품위생법위반
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

From October 2018, the Defendant is a person engaged in food manufacturing and processing business that manufactures and sells difficult diesel, etc. with the trade name “C,” etc. in Chungcheongnam-nam Red-gun B and “C”.

No one shall sell foods that are likely to injure the health of a human body due to uncleanness, mixing or adding of foods that are likely to harm the health of the human body or for other reasons.

Nevertheless, around August 2019, the Defendant: (a) discovered mycoi in the “D” product manufactured and sold at the foregoing place of business; and (b) received an administrative fine twice from around that time to November 4, 2019 from the competent authority; and (c) was well aware that the said product is likely to harm the health of the human body, and (d) sold to many consumers by again posting a letter that sells “F”, “G”, etc. manufactured around August 2019 through the Internet Open Market (E) around November 22, 2019.

Accordingly, the defendant sold food that is likely to harm the health of human body.

Summary of Evidence

1. Defendant's legal statement;

1. The H’s written accusation, the details of receipt of civil petition, the prior notice of disposition, and the application of statutes to the person;

1. Article 94 of the Food Sanitation Act applicable to criminal facts, the selection of punishment, and the selection of fines under Article 94 subparagraph 1 and subparagraph 4 of Article 4 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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