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(영문) 광주고등법원 (전주) 2015.06.30 2015노45
식품위생법위반
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

B. A prosecutor 1) According to the photograph of erroneous determination of facts and the protocol of interrogation of the accused against the accused, the court below acquitted the Defendant of the violation of the Food Sanitation Act due to sale of harmful foods and the violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful food) which are the ancillary charges, although it could be recognized that the Defendant manufactured foods that could cause harm to the human body. The court below acquitted the Defendant of the violation of the Act on Special Measures for the Control of Public Health Crimes, which is the ancillary

2. Determination

A. Judgment of the court below regarding the prosecutor's assertion of mistake of facts (1) was based on the evidence submitted as to this part of this part of this case and the primary facts charged, (1) photographs (in the inside the G factory and on the floor, page 296 through page 304 of the Investigation Record) taken of the materials displayed in the earth located in the G. However, there is no clear photograph that the Defendant purchased and kept dice, and there is no relation with the fact that he mixed dice, which is the raw material for the maintenance of food of this case, with waste or waste, such as dice but dice dice dice, which is the raw material for the maintenance of food of this case. ② Although the Defendant used dice or dice dice dice dice, he extracted crude oil of this case after removal of this material, extracted dice dice dice dice dice dtetetetetetetetetete, extracted from 5 hectares to tetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetetra

It is only possible to extract animals and plants, local products, their inducements, etc., and such selection work is also carried out.

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