(영문) 인천지방법원 2017.10.27 2017노2547 | 리걸엔진

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(영문) 인천지방법원 2017.10.27 2017노2547

식품위생법위반

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All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The Defendants (the part on the charnel storage) did not have any storage or business for the purpose of use in the manufacture of a sacrificing sa, or for sale, of the instant sacrine, on the original container, N.N.’s stuffs and plastic bags, which was the original container with all marks indicated in the Food Sanitation Act, on the ground that they had been in custody of the instant sacrin in mind.

In addition, the act of keeping food in custody for one sale does not violate Article 10, Section 2 of the Food Sanitation Act of the Criminal Law.

2) A prosecutor (i) (i) the net stand and (ii) the distribution period was in custody of the instant net stand up to two months prior to the control of the instant net stand, and (iii) the fact that the Defendants kept the instant net stand in custody for the purpose of sale by the Defendants’ statements, etc. at the time of control. (ii) At the time of the control of the Defendants, the Defendants kept the ice for the following day.

As long as the Defendants stated, they may fully recognize the fact that they kept them for business purposes without marking under the Food Sanitation Act.

B. Sentencing 1) The sentence of the lower court against the Defendants (Defendant A: fine of KRW 700,000; fine of KRW 300,000; fine of KRW 300,000; and fine of KRW 1 million for Defendant C Co., Ltd.) is too unreasonable.

2) The lower court’s punishment against the prosecutor Defendants is too unhued and unreasonable.

3. The Defendants and the Prosecutor’s assertion of mistake on the facts of the Defendants and the Prosecutor was also at issue in the lower court. The lower court, while explaining the grounds for its determination in detail, found the Defendants guilty on the part of the facts charged of the instant case, which kept the private dubs of the instant case without marking under the Food Sanitation Act. The part of the judgment that kept the net dubs past

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