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(영문) 창원지방법원 거창지원 2019.03.20 2018고정36
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who cultivates Spatial Sea with the trade name “C” in Gohap-gun B.

Foods or food additives, the standards and specifications of which are determined by the Minister of Food and Drug Safety shall be manufactured, imported, processed, used, cooked or preserved in accordance with such standards, and no foods or food additives which fail to meet such standards and specifications shall be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale.

According to the above notification, even though the permissible level of nico or sk-g of Slaco of Slaco is not more than 0.3mg, the Defendant sold 30 Slaco or sk-g in the D market of Daegu Northern-gu on February 19, 2018 at the above location 3.6mg of Slaco or sk-g (2kg per g of Slaco).

Summary of Evidence

1. Partial statement of the defendant (the second protocol of trial) ;

1. A E-document;

1. A written accusation or a public notice stating measures taken by a person whose shipment of unfit agricultural products is restricted from safety inspections;

1. As a result of the inquiry into the National Agricultural Products Quality Management Service (the defendant and his defense counsel found that the quantity of dico or stroke residues remaining in the D market was found to be appropriate at 0.4mg/km as a result of the inspection by the National Agricultural Products Quality Management Service's Office on February 21, 2018, and the quantity of dico or stroke remaining in the D market, which was shipped out from the same farm and sold in D market, so it is difficult to conclude that the 30mcm or stroke remaining in the D market is 3.6mg/km. However, according to the above evidence, the results of the safety inspection by the Health and Environment Research Institute of Daegu Metropolitan City in Daegu Metropolitan City can recognize the fact that the defendant was found to have discovered dico or stroke remaining in the D market, and even if Schochok is cultivated in the same farm, the defendant and his defense counsel's allegation remain in accordance with the concentration of scattered pesticide, etc.

1. Article 95 of the Food Sanitation Act applicable to criminal facts and Articles 95 subparagraph 1 and 7 of the option of punishment;

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