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(영문) 대구고등법원 2016.05.03 2015노144
보건범죄단속에관한특별조치법위반(부정식품제조등)
Text

1. The judgment below is reversed.

2. Defendant A’s imprisonment with prison labor for one year and six months, Defendant B’s imprisonment for one year and six months, and fine for 1,00,000.

Reasons

1. Summary of grounds for appeal;

A. Article 25(2)6 of the Enforcement Decree of the Food Sanitation Act provides that the processing process, such as merely heating food additives or other raw materials, is unlikely to cause harm to sanitation, and that the processing process can be conducted without reporting, in a case where food conditions can be confirmed through a testing.

Therefore, it is not necessary to grant a separate permission in case where the defendant, like the facts stated in the crime, put a window into a sweld and produced a swelve product with a swelve, living or good faith, processed without mixing added materials, such as

B) The provisions regarding permission to establish a place of work regarding the establishment of livestock products sanitation control apply to a place of work for the slaughter and breaking of livestock and the collection of livestock, i.e., a slaughterhouse or a collection of livestock, and such cases are not applied to the processing of livestock in such a way as the operation of a battos and bats of pigs slaughtered as in the instant case and life.

C) Even if the Defendant processed a niven hold in an imported acid, all of its actions do not constitute a livestock product processing business without permission.

2) Even if the charge of sentencing is found guilty, the sentence of the lower court (2 years of imprisonment, 3 years of suspended sentence, and 180,000,000 won) is too unreasonable.

B. Defendant B’s punishment (the imprisonment of two years, the suspension of execution of three years, and the fine of KRW 1,820,000) is too unreasonable.

Although the defendant argued that the facts were mismisunderstanding or misunderstanding of the legal principles on the grounds of appeal, he withdrawn it on the second and fourth days of the first instance trial.

2. Determination

A. Article 25(2)6 of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 23380, Dec. 19, 201; hereinafter the same) on the first argument as to the misunderstanding of facts or misapprehension of legal principles on Defendant A’s assertion

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