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(영문) 부산지방법원 2013.11.21 2013고정4524
식품위생법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person who operates a restaurant business under the trade name of "Dcafeteria" located in the Youngdo-gu Busan Metropolitan City.

1. No food service business operator shall display or keep products, the expiration of the distribution period, for the purpose of cooking foods and drinks;

Nevertheless, around 14:40 on March 18, 2013, after the expiration of the distribution period (the distribution period: February 25, 2013) was stored in the main cooling house in the Young-gu, Busan Metropolitan City C, for the purpose of cooking.

2. No one shall sell foods or food additives for sale, import, display or transport such foods or food additives for sale, unless marks meeting the standards and specifications for labels of apparatus, containers, or packages, which are determined;

Nevertheless, around 14:40 on March 18, 2013, the 'D restaurant' located in the Youngdo-gu Busan Metropolitan City is stored in the main cooling house for food additives labeling, manufacturing methods standards, apparatus, containers and packages, and the raw materials thereof, with no indication of the standards for food additives labeling, manufacturing methods, 1.8 liter (1.8 liter) for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. A person of E;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, subparagraph 6 of Article 97, Article 44 (1) of the Food Sanitation Act that prescribes matters to be observed by business operators), Article 97 subparagraph 1 of the Food Sanitation Act, Article 10 (2) of the Food Sanitation Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence)

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