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(영문) 전주지방법원 2015.12.10 2015고정421
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “F” in Jeonbuk-gun E.

No food service business operator shall keep raw materials or finished products, the expiration date of which has expired, for the purpose of cooking and selling, or use them for cooking food.

Nevertheless, the Defendant, around January 6, 2015, stored the said “F” freezing room for the purpose of cooking 2 kg of each 2 kg of the non-solitary machine for the purpose of cooking 2 kg, each of which is for the first time until November 25, 2014.

As a result, the Defendant stored the raw materials whose expiration date has expired for the purpose of cooking.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Legal statement of witness G;

1. The police statement concerning G;

1. A certificate;

1. A statement of detection;

1. A business notification certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 6 and 44 (1) of the Food Sanitation Act which choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the claim is that the Defendant did not keep the raw materials whose expiration date has expired, as the supplier’s employees erroneously expressed the due date for distribution.

2. The following circumstances acknowledged by the court’s duly adopted and investigated evidence, i.e., i., e., the business owner G of the static point where the Defendant sold the instant meat, stated in the prosecutor’s office that “the Defendant, at the time of sale, voluntarily displayed the deadline for distribution in the instant meat to the non-high season that requires cooling storage (Evidence Nos. 39, 40).” (Evidence Nos. 39, 40) and the Defendant stated to the same effect in this court. (ii) The Defendant purchased the instant meat.

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