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(영문) 대전지방법원 2019.10.10 2019고정658
화학물질의등록및평가등에관한법률위반
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 the representative of Daejeon-gu B, Daejeon-gu, and C is the place of business that sells synthetic plastics, etc.

No person shall sell or donate any product that fails to meet the safety standards and labelling standards for products of risk concern, or import, display, keep or store such product for the purpose of sale or donation.

Nevertheless, from July 2017 to December 10, 2018, the Defendant violated safety standards by failing to conduct a self-inspection, and sold class 1 of synthetic taxation (product name: D, capacity: 16L) which is a product likely to be prone to violate the labelling standards by failing to conduct a self-inspection.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E (public officials)

1. Application of the business registration certificate, photographs, receipts, invoices, and sales details to the Acts and subordinate statutes;

1. Article 49 Subparag. 1 and Article 36(1) of the Act on Registration, Evaluation, etc. of Specific Chemicals for Criminal Facts and for which punishment is selected (wholly amended by Act No. 15512, Mar. 20, 2018); the selection of fines;

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

1. The first offender, who has no criminal record of sentencing under Article 334(1) of the Criminal Procedure Act with no reason to impose a provisional payment order, has a strong reflective nature by recognizing his mistake with respect to the instant crime, the degree of perception of illegality with respect to the instant crime is minor and the sales volume thereof is minor, and the recent Defendant has changed the situation that the rapid aggravation of the health condition (the fourth period diagnosis for the extension of the health condition) has occurred, and the order to partially reduce the fine of the summary order by taking into account support relations, economic circumstances, etc.

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