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(영문) 수원지방법원 안산지원 2016.09.21 2016고정1082
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

A person who intends to engage in food manufacturing and processing business shall register with the Minister of Food and Drug Safety or the head of a Si/Gun/Gu/Gu, as prescribed by Presidential Decree.

Nevertheless, on March 2016, the Defendant was engaged in food manufacturing and processing business by inserting 1,00 wastes, such as mushrooms, mountain water, sewage, lives, etc., without being registered with the competent authority, and then selling 60 million won out of the above public diagnosis, without being registered with the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of public diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Articles 95 subparag. 2-2 and 37(5) of the Food Sanitation Act concerning selective punishment, and selection of a fine (the confession and reflectability of the defendant, and the primary fact of the defendant, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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