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(영문) 광주지방법원 2016.03.03 2015고정1826
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is a person who cultivates and sells a net.

Foods or additives, the standards and specifications of which are determined according to the notification of the Minister of Food and Drug Safety, shall be manufactured, imported, processed, used, cooked, or preserved in accordance with such standards, and foods or additives that fail to meet such standards and specifications shall not be sold or manufactured, imported, processed, used, cooked, stored, transported, preserved or displayed for sale.

According to the above notification, even though the permissible residual pesticide residues of the net is not more than 0.05 pm, the Defendant sold 32 p.m. (10kg per gambling room) at 0.22 p.m. on September 24, 2015, D in Songpa-gu Seoul.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second pleading);

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes requesting judicial punishment to persons who produce or distribute agricultural products in excess of the remaining standards of pesticide residues;

1. Article 95 of the relevant Act and Articles 95 subparagraph 1 and 7 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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