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(영문) 광주지방법원 2018.08.14 2018고정385
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No foods, etc., the labels of which are determined in accordance with the standards for labeling of the Minister of Food and Drug Safety shall be sold, or imported, displayed, transported or used for business purposes, unless they are labeled in compliance with such standards.

The defendant from January 20, 2017 to the same year.

7. He purchased a sun-dried salt of about 20 km 20 g and approximately 100 g of sun-dried salt with no producer’s name or with a false production year indicated, which is transported food for sale in violation of the labelling criteria, by transporting it to the neighboring old and old in the west of Pyeong-gun in the Southern, South, North, Haak-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, D, and C;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (on September 19, 2017, on the site inspection and attachment of a photo).

1. Article 97 subparagraph 1 of Article 97 of the Food Sanitation Act and Article 10 (2) and Article 10 (1) (Selection of Penalty) of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant also has a duty not to sell, import, display, transport, or use for business purposes, food, etc., for which the standards for labeling are determined as well as for producers, unless such standards are indicated.]

In addition, the defendant was placed in an outdoor space in order to deduct the water from the water.

It can not be said that there is no purpose of sale.

In addition, the defendant did not have intention to transport sun-dried salt in which the producer's name is not written or the production year is false.

[I cannot see.]

The reason for sentencing is that there is no record of punishment in addition to punishment once as a violation of the Illegal Check Control Act in 1993, and sun-dried salt.

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