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(영문) 대구고등법원 2016.08.25 2015노157
식품위생법위반등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court determined on May 9, 2014, that Defendant A, C, and B (hereinafter referred to as “Defendant A, etc.”) manufactured satise oil by mixing it with the satisfyed oil, etc., on the grounds that the sulfur ion of 1.91 pm from the tank of Defendant D Co., Ltd. (hereinafter “Defendant D”) was detected on May 9, 2014.

However, on May 9, 2014, the Defendants: (a) mixed 20% of the face oil 80% of the raw milk of maize, and did not use sulfur; (b) discovered sulfur ion in Defendant D’s tank was due to the use of salt containing sulfur ion in the process of refining the mixture water; (c) yellow acid purchased from J, which is a yellow acid seller, was used to remove the sludge in the tank beer, not for the manufacture of mast oil; and (d) yellow acid purchased from J, a yellow acid seller, was used to remove the sludge in the tank beer.

Therefore, the court below erred by misunderstanding the facts and adversely affecting the judgment.

B) Although a prosecutor indicted each of the crimes listed in the list of crimes in the facts charged as a substantive concurrent crime, the lower court convicted him/her of using an industrial yellow acid on May 9, 201, which was not specified as the date of committing the crime, based on a single comprehensive crime, and also contravenes the principle of unfavorable and unfavorable treatment.

Therefore, the court below erred in the misapprehension of legal principles.

2) Even if the charge of sentencing is found guilty, the sentence imposed by the lower court on the Defendants (Defendant A, C: one year and six months of imprisonment, two years of suspended execution, one year of suspended execution, two years of suspended execution, and two years of suspended execution, Defendant D: fine of KRW 10 million) is too unreasonable.

B. Prosecutor 1) In fact, the lower court erred by misapprehending the Defendants on May 9, 2014, thereby violating the Act on Special Measures Concerning the Control of Food Sanitation and the Control of Health Crimes (Unlawful Food Manufacturing, etc.).

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