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(영문) 대구지방법원 경주지원 2016.07.21 2016고단163
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Food or additives shall be manufactured, imported, processed, used, cooked, and preserved in accordance with the standards set by the "Food Standards and Specifications" announced by the Ministry of Food and Drug Safety, and no food or additives that do not meet such standards and specifications shall be sold.

Nevertheless, from July 2015, the Defendant shipped 1,456,000 U.S. 54 g/kg (based on the base value 5.0 g/kg) out of the remaining pesticide ingredients prone cultivated in the above farm around Jan. 19, 2016, the Defendant shipped 1,456,000 U.S. 1,45,00.

Accordingly, the Defendant sold food that does not meet the standards set forth in the Food and Drug Safety Notification.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Inquiries into the details of shipment by shipper, accusation, inappropriate agricultural products details, notification of agricultural product safety analysis results, on-site photographs, and application of Acts and subordinate statutes to each shipper;

1. Article 95 subparag. 1 and Article 97 subparag. 4 of the Food Sanitation Act concerning facts constituting an offense, Article 95 of the relevant Act, Article 95 subparag. 1 and Article 97 of the Foods Sanitation Act, Article 185 of the "Permissible residual standards of agricultural products" in attached Table 3 of the notification concerning food standards

1. In light of the fact that citizens’ interest in the safety of agricultural products with reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is extremely high, it is reasonable to strictly punish the Defendant in light of the following: (a) the detection of residual agricultural chemicals exceeding the standard values in the trend produced by the Defendant; and (b) the Defendant’s provision for the provision of additional school meals

However, it is clearly recognized that the defendant's mistake is divided in depth and again does not produce agricultural products exceeding the standard values, that the defendant has no record of committing any crime other than the one-time fine, and that the defendant's remaining agricultural chemicals exceed the permissible standard values for agricultural chemicals.

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