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(영문) 수원지방법원 2019.05.16 2018노6280

축산물위생관리법위반

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The prosecutor's appeal is dismissed.

Reasons

1. Specific guidelines related to the indication of the reason for appeal by the prosecutor were already enacted and implemented before the Defendant sold the instant land at the stage of cutting down.

As the defendant stated in the investigative agency that the goods which were brought up to the level of land in this case and certified by the accrediting agency can be mistaken for consumers, the defendant's intention is also recognized.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. The summary of the facts charged in the instant case is the representative director of the “C” of the meat packaging processing company in Ansan-gu, Gyeyang-gu.

No person shall make false labelling, exaggerated advertisements, slanderous advertisements, or over-packaged in relation to the names, manufacturing methods, ingredients, dietitians, raw materials, uses and quality of livestock products, packaging of livestock products, and processed livestock products traceability.

Nevertheless, around February 10, 2016, the Defendant sold to “D” any kind of cut meat in total amounting to KRW 885,086,00,000 (hereinafter “instant product”) in total, from September 5, 2017, by the following method until September 5, 2017, as indicated in the list of crimes in the lower judgment, on a package, as if the Defendant had not obtained the growth certification that is to be performed in the above “C” but had not obtained the growth certification.

3. The judgment of the court below is that (i) the mark marked by the defendant on the product of this case is written in the United States, in the English language, in the outer part of the original part, and written in the English language, in the English language, and in the lower part of the original part, ASURED (hereinafter referred to as “the mark of this case”) and HALD (AS) are permitted, so that slish can be taken and used in accordance with the Islamic Law.