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(영문) 인천지방법원 2016.08.18 2016고단3929
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall sell foods imported without filing an import declaration, or collect, store, transport or display such foods for sale.

1. On May 9, 2016, the Defendant collected a total of 490km (2,867,500 won at the market) from May 9, 2016, and transported it to domestic consumers for sale. On May 9, 2016, the Defendant stored 165km 165 g, a large number of 10 g, a large number of 105 g, and a large number of 220 g for storage, and stored 490 g for storage, and stored 50 g for 30 g, and the large number of 150 g and 90 g of 150 g, at the market at the entrance of the 1st International Passenger Terminal located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon. on May 9, 2016.

2. On May 11, 2016, the Defendant collected at around 13:30 on May 11, 2016, 370 g of the shoulder, 170 km, melting 170 km, total of 540 km (market price of 2,515,00 g), and loaded on a personal passenger van (cab, B) and stored it as a container in front of the D office located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and transported it to the storage of the container in front of the D office located in Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Commencement report, arrest report (violation of the Food Sanitation Act), the application of Acts and subordinate statutes governing the control site photographs of smuggling imported agricultural products;

1. Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act, the choice of punishment for a crime and the choice of punishment for each type of crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (contributing favorable circumstances among the following reasons for sentencing) is that the Defendant had been sentenced to each of the fines in the same kind of crime on 2014 and 2015, but again left to commit the instant crime, which is unfavorable circumstances.

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