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(영문) 부산지방법원 동부지원 2016.07.07 2015고단2561
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who operates a business of distributing and selling frozen fishery products within the Busan-gun Center for Fishery Products in Busan-gun C, and no person shall indicate or advertise any false content in labeling the date of manufacturing or the distribution deadline of food, etc.

Around January 24, 2014, the Defendant: (a) operated the freezing early, which is a raw material product imported from nitron around January 24, 2013; (b) carried out a simple processing, such as cutting off salt products; and (c) re-packageded at 10 mar units; (c) the manufacturing date is indicated as “ January 24, 2013,” which is the raw material product’s packing date; and (d) indicated the date of early freezing up to August 13, 2015, as indicated in the attached list of crimes, differently from the fact, the Defendant indicated the date of early freezing up to 188 times in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of each internal investigation report (including supplementary data);

1. Article 95 subparagraph 1 of the Food Sanitation Act and Article 13 (1) 2 of the same Act (or choice of imprisonment with prison labor) 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 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant has no record of criminal punishment of suspension of qualifications or more, and the possibility that the defendant committed each of the crimes of this case because he/she was unable to know of the relevant provisions, etc.);

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