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(영문) 울산지방법원 2016.01.28 2015고정1264
식품위생법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who works as the director of cooking in a quasi-consting restaurant with each other, “C” located on the Nam-gu B and 10 floors, and is in general supervision over the affairs of the kitchen.

Employees of food entertainment business operators shall not keep raw materials or finished products, the distribution period of which expires, for cooking and selling purposes, or use such materials or finished products for cooking food.

Nevertheless, around April 16, 2015, the Defendant kept at the above “C” in the air conditioners, and the air conditioners, etc., respectively, for the purpose of cooking and selling raw materials for which the distribution deadline has elapsed, such as in the list of crimes in the attached Form, including 1,00, from October 11, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Legal statement of witness E;

1. The application of Acts and subordinate statutes to a criminal investigation report (Submission of a warning letter), a criminal investigation report (Attachment, such as a confirmation letter);

1. Article 97 of the relevant Act on criminal facts, subparagraph 6 of Article 97 of the Food Sanitation Act and Article 44 (1) of the same Act concerning selective punishment, and selection of fines;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion asserts that the defendant's liability for the crime is unfair to ask the defendant, who is the chief of the cooking department, inasmuch as the duty under the direction of the pre-general supervision over all the affairs was carried out.

2. Article 44(1) of the Food Sanitation Act provides that business operators and their employees prescribed by Presidential Decree, such as food service providers, etc. shall observe matters prescribed by Ordinance of the Prime Minister for the sanitary management and maintenance of order in business, and the improvement of public health and sanitation.

Article 57 [Attachment 17] subparagraph 6 (k) of the Enforcement Rule of the Food Sanitation Act provides that "no raw materials or finished products, the distribution deadline of which has expired, shall be stored for cooking and selling for the purpose of cooking and selling them or shall be used for cooking food.

“......”

Accordingly, according to the witness D and E's testimony, the witness is mentioned above.

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