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(영문) 수원지방법원 안산지원 2013.12.20 2013고정1373
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is running a food manufacturing business under the trade name of "C".

A food, etc., the standards for labeling of which are determined by the notification of the Minister of Food and Drug Safety, shall not be sold, imported, displayed, transported, or used for business for sale, unless they are indicated in compliance with such standards. On April 23, 2013, the Defendant displayed them for sale without entirely indicating matters to be indicated on food, etc., such as the date of manufacture, distribution period, ingredients name, etc., in about 10 maritime net belt (onekg per dog) manufactured before approximately 1 month in Ansan-si around 15:0 on April 23, 2013.

2. Article 10(1)1 of the Food Sanitation Act provides that the Minister of Food and Drug Safety may determine and publicly notify the standards for the labeling of foods for sale, and prohibits the sale, display for sale, or use for business purposes without labeling foods that meet the standards for labeling determined pursuant to Article 10(1).

Therefore, in order to find the Defendant guilty of the facts charged of this case, it should be recognized that the Defendant had the purpose of selling the above piracy.

However, the defendant asserts that the defendant was consistently prepared and kept a test for the development of new products from the police investigation stage to this court, and that it was not manufactured and displayed for the purpose of sale.

In a case where the defendant denies the purpose of the internal deliberation, it is inevitable to prove the purpose through an indirect fact that has a substantial relation with the defendant.

However, according to the records of this case, although it is recognized that the defendant was in custody of 10 km in freezing and packaging the sea water to the freezing, E, who worked there, is an investigation conducted by the police station and stated that the above sea water patrol team was manufactured.

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