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(영문) 창원지방법원 진주지원 2016.06.21 2016고단392
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in food manufacturing and processing business under the trade name of D in Jinju City C.

1. Foods, etc. for sale shall not be sold, imported, displayed, transported, or used for business for sale without any indication that meets the standards. However, around March 14, 2016, the Defendant kept and used for business a total of 175 sealed franchi, such as a 10km franchi, a 150 franchi fran, and a 25 franchi franchi fran, the distribution deadline of which is not indicated, in the said D low- temperature storage and subsidiary materials room, at around 17:00 on March 14, 2016.

2. Notwithstanding that the producer or processor of foods shall not display or store products for sale purposes or use such products for manufacture or processing of foods, etc., the Defendant displayed and stored 120 kg packing 120 kg wings for sale at the above date, time and place where the distribution deadline has lapsed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against E;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

1. Article 97 subparagraph 1, Article 10 (2), Article 97 subparagraph 6, and Article 42 (1) of the Food Sanitation Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion and judgment under Article 334 (1) of the Criminal Procedure Act

A. In relation to Article 2 of the facts charged, the Defendant asserts that, with respect to Article 2 of the facts charged, the Defendant was keeping a package 120 wing paper with the expiration of the distribution period, and that it was kept for sale only if it was controlled.

B. According to the aforementioned evidence, among kimchi kept by the Defendant at the time of March 14, 2016, which was a crackdown date, a majority of the kimchi, including approximately 3-4 months (the distribution deadline is around November 2015 - until December 2015) and the Defendant’s factory.

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