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(영문) 인천지방법원 2014.11.13 2014고단6807
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall place any indication or advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse consumers with regard to the labels of food traceability, such as the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., or labeling or advertisement that is likely to mislead or confuse consumers with regard to the labels of food traceability.

Nevertheless, in the vicinity of Incheon on February 14, 2014, the Defendant posted an advertisement stating that “Ilter, a high-quality dyp hyp hyp hyp hyp hyp hyp hyp hyp hyp,” and “Ille hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp, or likely to be mistaken or confused as medicine or health functional food.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of Acts and subordinate statutes to written accusation;

1. The applicable provisions of the indictment for criminal facts were appropriately amended to the extent that they are not disadvantageous to the defendant's exercise of his/her right to defense, in accordance with the details of the charges;

Article 94 (1) 2-2 and Article 13 (1) 1 of the Food Sanitation Act, Article 95 subparagraph 1 and Article 13 (1) 2 and 3 of the Food Sanitation Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the commission of the crime and the result thereof are recognized,

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