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(영문) 수원지방법원 2020.09.17 2020고정692
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in a food manufacturing and processing business with the trade name “C” in Suwon-si B.

A food manufacturing and processing business operator shall prepare documents concerning production and work records, and documents concerning storage, delivery and use of raw materials in order to manage raw materials for business, process of manufacturing and sanitary management, maintain order in the health and sanitation of the people, and keep them for three years from the date of the last entry.

그럼에도 피고인은 위 업소에서 2006. 5. 18.부터 2020. 1. 10.경까지 꿀떡 외 5종의 떡류를 제조하면서, 2019. 9. 7.경부터 2020. 1. 10.경까지 생산 및 작업기록에 관한 서류를 작성하지 아니하고, 2019. 8. 18.경부터 2020. 1. 10.경까지 원료수불 관계 서류를 작성하지 아니하였다.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Report on the offender (violation of the Food Sanitation Act);

1. Reporting on detection (violation of the Food Sanitation Act);

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 97 subparagraph 6 of the Food Sanitation Act and Article 44 (1) 8 of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the following: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act reflects the offense; (b) the order book was prepared during the period of the criminal facts in the judgment; (c) there was no previous conviction for which a separate penalty surcharge was imposed in relation to the instant crime; and (d) the amount of the fine for the summary order shall be reduced to

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