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(영문) 광주지방법원 2017.03.17 2017고정191
화학물질의등록및평가등에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one may sell, donate, or store for the purpose of sale, any product that fails to meet the safety and labelling standards for the product concerns, or import, display, or store for the purpose of sale. However, from January 2015 to September 2016, the Defendant operated an enterprise 'C' in Gwangju North-gu B, "C" from around January 2015 to September 2016, the Defendant sold 300 - total sum of 6,30 per month through online (type, date of production, name of the country of production, and self-inspection) the base value (30 g/km) in excess of the product labeling (type, year of production, name of the country of production, and self-inspection).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made in the police statement protocol with D;

1. Application of each of the Acts and subordinate statutes stated in the accusation, the kinds of dangerous products, the safety labelling standards by item of dangerous products, the current status of nonconformity with safety standards of dangerous products, the results of testing, and the application of the investigation report (Attachment of Electronic Tax Invoice);

1. Article 49 of the Act on the Registration, Evaluation, etc. of Specific Substances concerning facts constituting an offense, and Articles 49 subparagraph 1 and 36 (1) of the Act on the Registration, Evaluation, etc. of Alternative Chemicals, and Selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant’s risk products that could not meet the safety labelling standard for one year and eight months, and that is not less than 6,300 or less.

In addition, the sentencing conditions shown in the records, such as the age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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