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(영문) 대전지방법원 2017.02.15 2016고정1571
화학물질의등록및평가등에관한법률위반
Text

1. The defendant shall be punished by a fine of 80,000 won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a manufacturing store, such as a trade name, direction indicator, etc., of "B" and no person shall sell or donate any product that is not in compliance with the safety and labelling standards of the product likely to cause danger to the Ministry of Environment and any safety and labelling standards, or import, display, keep or store such product for the purpose of sale or donation.

From the end of January 2016 to the end of April 2016, the government produced and sold a direction-setting system, which is likely to be harmful products, durd, cans, etc., at a place easily visible to the first package or minimum unit packing of the product, without any indication in accordance with the labelling standards, such as name, type model name, production year month, etc., and sold to many unspecified customers, thereby selling the direction-setting system, which is not in compliance with the safety and labelling standards of the products likely to cause harm.

Summary of Evidence

1. Statement by the defendant in court;

1. A written public notice for accusation of a violation of the Act on the Registration, Evaluation, etc. of Chemicals;

1. A written accusation, a written confirmation, a public official’s statement, a report on a violation of safety labelling standards, and a credit card receipt;

1. Application of a copy of business registration certificate;

1. Article 49 of the Act on the Registration, Evaluation, etc. of Specific Substances concerning facts constituting an offense, and Articles 49 subparagraph 1 and 36 (1) of the Act on the Registration, Evaluation, etc. of Alternative Chemicals, and Selection of fines;

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

1. The act of the defendant with reasons for sentencing under Article 334(1) of the Criminal Procedure Act in selling a direction system and failing to observe the indication criteria prescribed by relevant Acts and subordinate statutes is likely to cause danger and injury to the people's health or the environment.

However, the fact that the defendant is against the defendant, observe the criteria for indication after the case, and sells products, the scale of the business of the defendant is small, the quantity of sales and the profits therefrom are not large, and the direction-setting system for the sale of the defendant is the safety standards prescribed by the relevant statutes.

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