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(영문) 수원지방법원 2017.07.21 2016노8508
식품위생법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below acquitted the Defendant of the facts charged, even though the Defendant could acknowledge that he manufactured sos and stored food additives, etc. as stated in the facts charged for sale.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.

However, there are grounds for reversal ex officio, but the prosecutor's above argument is still subject to the judgment of this court, and this is examined (the prosecutor's assertion of mistake as to the facts of the prosecutor's assertion is subject to determination, since amendments to indictments made in the trial of the court are more concrete since the contents of the statutes applicable to the defendant, etc.). 3. The summary of the revised facts charged is a person who operates food manufacturing and processing business "D" in the etern C.g.

A business operator who manufactures and processes food or food additives and his/her employees shall not display, keep and sell products, the distribution deadline of which expires for the purpose of sale, or use such products for the manufacture and processing of food, etc. for raw material management, manufacturing process, and other sanitary management of food, etc.

However, for the purpose of manufacturing and selling food on October 19, 2015, the Defendant: (a) from the warehouse of the aforementioned “D” raw materials, the distribution period of which is up to December 10, 201; (b) 20 km clocks of food additives until December 10, 201.

3 포대를 보관하였고, 원료 배합 실에서 유통 기한이 2014. 11. 11.까지 인 식품 첨가물 바비큐맛 시 즈닝 5kg 짜리

2 Madern 5 km by February 16, 2013

1 Schlage, until September 10, 2015, Schlage 2kg, the due date for circulation

9 Potters, etc. (hereinafter referred to as “food additives of this case”) were kept.

2) The judgment of the court below is held.

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