The south of Shaanxi Wei " The poisonous milk power " The second instance of the case ends 4 defendants appeal and is rejected

The south of Shaanxi Wei " The poisonous milk power " The second instance of the case ends 4 defendants appeal and is rejected
The south of Shaanxi Wei " The poisonous milk power " The second instance of the case ends 4 defendants appeal and is rejected
April 26, " poisonous milk power " of the south of Wei receiving much concern The second instance of the case ends, four defendants' appeal asks to be rejected, Wei south intermediate court keeps adjudiacating the result in the first instance. Will it be seven August 2008, the intersection of litch and " litch China " of 20 tons Co., Ltd., milk industry of China, county of Dali, The milk powder mortgage of the brand is given to Ma ShuangLin. September of 2009, Ma ShuangLin and Wei milk industry Zhang WenXue, chief leading cadre of limited company of happy health in Nanshi, getting in touch with the day tiger, " litch China " of 16.55 tons among them Brand milk powder is sold to the happy health company. Zhang WenXue, tiger with day are in a situation that Ma ShuangLin has not offered to gather the cyanogen amine examining report three times, get book Zhu arrange people 10 tons tomorrow " The litch China " Brand milk powder and our factory " The three-colour glazed pottery " Brand the intersection of milk and powder stir, install bag in proportion, produce and agitate milk 32.5 tons of powder together. Subsequently, the happy health company agitates 28 tons the powder of milk to sell the food company of letter of dragon of Chaoan county of Guangdong to, Long Xin Company sells 25 tons of milk powder among them to the market southern food industry Co., Ltd. of Xiang city of Zhang states of Fujian Province. The related departments of Fujian Zhang state are to the southern company in powder of this batch of milk is inspected by random samples, 5.725 tons gather cyanogen amine and exceed standard three times to find milk powder of two batch among them altogether. Examine, examine by the intersection of Fujian Province and centre again, conclusion, first batch October 22 of 2009 on date of production, powder of 2.95 tons of milk gathers cyanogen amine and exceeds standard three times altogether. This case, after facing court of Wei district to try, to March of this year pronouncement of the first instance. The defendant makes and produces, sells the crime of the fake and poor products, is sentenced to fixed-term imprisonment for 5 years in a literature, and is fined 500,000 yuan. Defendant Zhu ShuMing, making production, sale fake and poor products crime with the day tiger, sentenced to fixed-term imprisonment for 4 years, and is fined 250,000 yuan. Ma ShuangLin commits the crime of selling fake and poor products, is sentenced 6 months to fixed-term imprisonment for 2 years, and is fined 150,000 yuan. After the pronouncement of the first instance, four defendant per persons lodge a appeal. The second instance court thinks, defendant Zhang WenXue, Zhu ShuMing, the tiger is regarded as happy direct person in charge and direct person liable in charge of production of health company with day, in the course of producing the powder of milk, violate the national relevant regulation, know " litch China " perfectly well The powder of milk is not three and gather the cyanogen amine examining report, exceed quality guarantee period and lump, worm's phenomenon happens, will the intersection of milk and powder this mix, infiltrate the intersection of oneself and the intersection of milk and production and sales under powder that Company produce, he has committed and produced, sold the fake and poor product crime in behavior; Defendant Ma ShuangLin, know " litch China " perfectly well The powder of milk is not three and gather cyanogen amine and measure the qualified report, and already exceeded quality guarantee period, still sell, its behavior forms and sells the crime of the fake and poor products. Wei south intermediate court thinks first instance asserts the fact is clear, the evidence is really abundant, it is accurate to determine the nature, the measurement of penalty is appropriate, should maintain, so decide that rejects 4 appellants' appeal, uphold decision. (Wang XiaoGuang)


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