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(영문) 수원지방법원 안산지원 2015.10.02 2015고단2450
식품위생법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of five thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Where a defendant manufactures or processes foods to use groundwater, etc., other than tap water, for the manufacture, processing, etc. of food, he/she shall use water recognized as fit for drinking time after undergoing an inspection according to the water quality standards for drinking water every year by a water quality testing institution under the Management of Drinking Water Act;

Nevertheless, from December 26, 2014 to April 13, 2015, the Defendant used groundwater without water quality testing at a water quality testing institution in accordance with the Drinking Water Management Act in the process of manufacturing and processing two parts in two parts of the “State B” factory operated by the Defendant, who had C and C from May 26, 2014 to April 13, 2015, and in the process of manufacturing and processing two parts of the total market price of KRW 460,201,00, and two parts of which are equivalent to KRW 131,486.

2. In the process of manufacturing and processing two parts from December 6, 2014 to April 13, 2015, the Defendant (owner) used groundwater without water quality testing at all by water quality testing institutions under the Drinking Water Management Act in order to cooling two parts.

Summary of Evidence

1. Defendant A’s legal statement

1. A business notification certificate;

1. Drinking water quality testing results;

1. A report on the manufacturing of food (food additives);

1. Each manufacturing method description;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 97 subparagraph 6 of the Food Sanitation Act and Article 42 (1) of the same Act;

(b) Defendant B: Articles 100, 97 subparag. 6, and 42(1) of the Food Sanitation Act

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Article 62-2 of the Criminal Act;

1. Circumstances that are favorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.): The facts that are contradictory to the sentencing of Article 334(1) of the Criminal Procedure Act: The fact that the Defendants sold two copies of approximately KRW 400 million manufactured in violation of the Management of Drinking Water Act; the fact that the Defendants were punished for violating the Water Quality and Ecosystem Conservation Act

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