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(영문) 수원지방법원 여주지원 2015.12.18 2015고단762
식품위생법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 4 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a factory head who exercises overall control over the production parts of “B” in “B” in Echeon-si, and Defendant B is a corporation with the purpose of manufacturing and processing two parts.

1. Where any business operator who manufactures and processes defendant A foods and his/her employees use groundwater, etc. other than tap water to manufacture or process drinking water or food, he/she shall use water recognized as fit for drinking water quality after undergoing an inspection according to the standards for the water quality of drinking water every one year at a drinking water quality testing institution;

Nevertheless, from August 2014 to July 3, 2015, the Defendant produced 757,609,630 won, using groundwater that did not undergo drinking water quality testing at the above factory B, and produced 88,325 won.

2. Defendant B, the factory head of the Defendant Company, produced 757,609,630 won, using groundwater that did not undergo drinking water quality testing as described in paragraph (1), at the same time and place as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Reporting on detection;

1. On-site photographs;

1. Application of new Acts and subordinate statutes to water quality testing results;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 6 of Article 97 and Article 42 (1) of the Food Sanitation Act (Selection of Fines);

(b) Defendant B: Articles 100, 97 subparag. 6, and 42(1) of the Food Sanitation Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant A and Defendant B, a company supervising the sentencing of Article 334(1) of the Criminal Procedure Act, used groundwater containing net values in excess of the standard values in the process of manufacturing two parts and groundwater quality testing without examining water quality, etc. are subject to criticism in light of the high interest among the public and the continuous efforts of the relevant authorities.

However, the defendants are their own.

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