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(영문) 인천지방법원 2013.12.06 2013노2753
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not violate the criteria for indication as to the two kinds of parts, and the penalty imposed by the court below against the defendant (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to Article 10(1) of the Food Sanitation Act, when the Minister of Food and Drug Safety deems it particularly necessary for the national health, he/she may determine and publicly notify the necessary criteria for the labels of foods for sale. Articles 3 through 8 of the same Act provide for food subject to labeling, labeling and methods, etc., and Article 10(2) of the Food Sanitation Act provides that food, etc. whose labelling standards are determined by the Minister of Food and Drug Safety pursuant to paragraph (1) of the same Article shall not be sold, imported, displayed or transported for sale, or used for business purposes unless it is indicated in compliance with the standards.

Comprehensively taking account of the evidence duly admitted and examined by the court below, it can be acknowledged that the defendant loaded on the cargo vehicle for transport without any indication on the two parts packed in plastic containers for the purpose of sale at the time and place specified in paragraph (1) of the criminal facts stated in the judgment of the court below, and stored in the warehouse without indicating the name and location of the defendant in the second category sanitary box for transport purposes. Thus, the defendant used the food, etc. for sale without any indication meeting the indication criteria for the purpose of sale.

Therefore, the defendant's above assertion is without merit.

B. Circumstances favorable to the defendant, such as the confession and reflect of some crimes, the degree of violation of the labelling standard is relatively minor, and there is no criminal record of the same kind or suspension of execution, and the court below has already rendered such favorable circumstances.

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