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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. In the facts charged, the Defendant is a person who works as a "D Mart" occupant in the East Sea.
No one shall sell foods, etc. which are likely to harm human health due to uncleanness, other substances mixed with or added to such foods, or other reasons, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.
Nevertheless, on October 20, 2015, the Defendant displayed and sold one stude (weight 250g) in the place of business with a yellow dust mixed with around 20,015.
2. According to the evidence of determination, around October 20, 2015, E purchased the 1st bar in the “D Mt”, which the Defendant was working in the place of occupation, with the yellow dust written in the facts charged, E finds out that the packaging was removed without yellow dust and that there was a penalty in that place, and then reported to the police, and the staff of the Dong Sea Health Center and the police of the Dong Sea Health Center confirmed on October 16:00 of the same kind of yellow dust stored in the separate custody for return and confirmed on October 30, 2015. Accordingly, it is recognized that the Defendant’s 3nd bar was found to have failed to remove the packages without yellow dust or sold food for any other reason or likely to harm the human body.
However, in consideration of the following circumstances acknowledged by evidence, there is a negligence in breach of the duty of care as a business operator who is required to verify whether the defendant was abnormal in food sold.
aside from whether it can be seen, there was an intentional act of violating the Food Sanitation Act, which is a subjective element necessary for the establishment of a crime, the part of the Defendant’s statement made by the investigative agency as alleged to be erroneous (which is only related to such negligence).
It is difficult to see it.
(1) The defendant is contained in the sealing of a vinyl sealed by F, which is a business operator of subdivision of food.