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(영문) 서울서부지방법원 2013.07.11 2012고합496
보건범죄단속에관한특별조치법위반(부정식품제조등)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A has operated the seeds "F" in Eunpyeong-gu Seoul from October 2010 to "F", and Defendant B served as an employee of the said seeds from March 2012.

Defendant

A from November 18, 2010 to September 19, 2012, Defendant B, along with the first patrol officer from March 2012 to March 201, 2012, had a sprinking facility, such as a sprinker, which was installed in the above F, and manufactured a fake oil by mixing the sprink with the sprinking machine, and then selling an amount of monthly average of KRW 2,269,000 in Seoul Jongno-gu, Seocho-gu, and Eunpyeong-gu.

As a result, Defendant A and Defendant B conspired to manufacture food that does not meet the standards and specifications for sale and sold it.

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. Legal statement of the witness H;

1. Report on internal investigation (written request for appraisal by the National Scientific Investigation Agency as to whether the person was manufactured), response to and test result of food inspection, investigation report (control details and arrest suspects, search and seizure at the arrest site);

1. On-site photographs and photographs;

1. A business report certificate and business registration certificate, and a business account book printed on the screen at the main body of a computer subject to police seizure 1;

1. Application of Acts and subordinate statutes to one computer main body (No. 1), two books of transaction (No. 2), one sample sample (No. 3), ten disease (No. 1.8 liter), 10 disease (No. 4), and two bridges (No. 5);

1. Article 95 subparagraph 1 of the Food Sanitation Act, Article 7 (4) of the same Act, and Article 30 of the Criminal Act (generally and collectively, the choice of imprisonment) of the relevant Act on criminal facts;

2. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

3. Defendant A: Reasons for sentencing under Article 48 (1) 1 (Evidence 3, No. 5) of the Criminal Act and Article 48 (1) 2 (Evidence 4) of the Criminal Act.

1. Defendant A

A. The scope of recommendations on the sentencing criteria: Imprisonment with prison labor for one year to two years.

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