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(영문) 수원지방법원 안산지원 2014.07.22 2014고단1159
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 may sell, collect, manufacture, import, process, use, cook, cook, store, subdivide, transport, or display for sale, food, etc. imported without filing an import report with the Commissioner of the Korea Food and Drug Administration, and the Defendant purchased agricultural products, such as meltage, dried, dried, and dried, which are equivalent to 375 km imported for the purpose of selling to domestic wholesale and retail stores, around the road in front of the coastal fish market, on March 5, 2014, from China, and transported the said agricultural products using a taxi for sale.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of gatables, seized Articles and photographs Acts and subordinate statutes;

1. Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act applicable to the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasoning for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc., even though the defendant had three times the criminal records of identical offenses under the same law, the amount of domestically produced agricultural products sealed by the defendant is not large, and there is a need for strict punishment of the defendant when considering the purpose of the Food Sanitation Act, which aims to prevent harm caused by food and to contribute to the improvement of national health by allowing only the food that has undergone a prescribed inspection prior to customs clearance after filing an import declaration, and thereby to distribute only the food that has undergone a prescribed inspection prior to customs clearance, etc., but it is also necessary to strictly punish the defendant. However, the defendant reflects the defendant's wrong, the defendant has no criminal records other than the fine three times, and the defendant's profits acquired by the crime of this case are not deemed to be significant. In addition, the arguments of this case, such as the defendant's age, character

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