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(영문) 광주지방법원 순천지원 2017.03.23 2017고정77
식품위생법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in the net city B.

Food and drug safety shall be manufactured, processed, cooked, used, etc. in accordance with the standards and specifications publicly notified by the Minister of Food and Drug Safety, and no food, etc. that fails to meet the standards and specifications shall be sold or manufactured, preserved, displayed, etc. for sale.

Nevertheless, on July 22, 2017, the defendant prepared kimchi, etc. without complying with the food production standards of food service establishments in the above restaurant, and prepared kimchi, etc. for the purpose of selling kimchi, the g 610 per g g fume, in violation of the standard that the gume should be less than 10 per g.

As a result, the Defendant manufactured foods for sale that do not meet the standards publicly notified by the Minister of Food and Drug Safety.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to public health and environment research institutes notified as a result of inspection;

1. Article 95 of the relevant Act and Articles 95 subparagraph 1 and 7 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

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

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Provisional Payment Order results in nine persons who take food in the instant case, such as deprivation of boarding, etc., the responsibility is not less exceptionally.

However, considering the fact that the criminal intent of the defendant was not strong and that the defendant made efforts to recover from the victims of the loss, etc., the punishment like the order shall be determined by taking into account the fact that the defendant was making efforts to process insurance to recover from the victims of the loss.

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