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(영문) 서울서부지방법원 2017.06.09 2017고정249

축산물위생관리법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person working as the head of the production team supervising the processing of meat from around September 2014 to the meat packaging business entity (State).

In indicating the date of manufacture and the expiration date of livestock products, no person shall make any indication or advertisement different from the fact.

Nevertheless, around February 18, 2016, the Defendant indicated the distribution deadline differently from the fact by 340 days by inserting the distribution deadline in the way of subdividing the product of small and medium-sized “erode” with the actual distribution deadline up to March 13, 2016 into the packaging of the subdivided product and attaching labels on the packaging of the subdivided product, and displaying the distribution deadline as “ February 26, 2017” until April 11, 2016, and indicating the distribution deadline differently.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by special judicial police officers against C;

1. Each statement of D, E, and F;

1. Certificate, date of production, marking Sticks, seizure certificates, photographs of products exposed to the scene, and originals of receipt (Nos. 6, 11, 13, 14, 17, 22);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 45 (3) 2 and 32 (1) 2 (generally) of the Sanitary Control of Livestock Products that are subject to the option of punishment, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;