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(영문) 인천지방법원 2020.11.12 2020고정1596
제품안전기본법위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A is the representative of corporation C in Seo-gu Incheon, Seo-gu.

No product shall be manufactured, distributed or imported after being certified, reported, verified, etc. as prescribed by an individual statute, and any part, etc. of the relevant product causes or is likely to cause any harm to consumers' lives, bodies, or property.

Nevertheless, on June 22, 2017, the Defendant imported 1,500 products on May 5, 2018, even though there was a risk of reduction due to a change in the product structure and parts (PPPPPg, record, Swch, X-Cap, and circulation 12ws) different from the existing safety certification by G, which is a product obtained safety certification (F) from a Chinese DD company.

Summary of Evidence

1. Application of the detailed details of products subject to criminal charge, which are written statements filed by the accused at H’s court statement;

1. Relevant Article 26 (1) 1-2 of the Framework Act on Product Safety, and Article 11 (1) 4 of the same Act concerning criminal facts and the selection of penalties;

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

1. A normal condition favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order: The Defendant recognized and reflected the instant crime.

It seems that the defendant collected products imported and distributed by the defendant.

Unfavorable circumstances: When electric products are distributed without certification as a crime as stated in its reasoning, they may cause substantial risk to the lives, bodies, and property of consumers.

The Defendant previously committed the instant crime even though he had been sentenced to a fine for the same kind of crime.

In addition to the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the records and arguments shall be determined as ordered by considering the following factors.

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