beta
(영문) 창원지방법원 거창지원 2015.12.09 2015고정90

축산물위생관리법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants, as married couple, are raising 50 heads of pigs and 100 heads of salt in Gyeongcheon-gun D.

No person shall slaughter or treat livestock in any place other than a permitted place of work, and shall sell livestock products treated, processed or manufactured without obtaining a slaughter business license from the competent administrative agency.

Nevertheless, Defendants conspired to slaughter and dispose of pigs in a place other than the place of work permitted on August 18, 2015 by the Gyeongnam-do Governor, the competent authority, without obtaining permission from the Gyeongnam-do Governor. Defendant A had one marine of pigs raised using the flasing machine. Defendant B, using flags and knifs, slaughtered and treated the said pigs, and sold them to customers E.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each internal investigation report (verification of the fact of slaughter through a photograph attachment, watch board, and telephone confirming the facts thereof), and investigation report (verification of slaughter by a search);

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Articles 45 (1) 1 and 7 (1) of the Livestock Products Sanitary Control Act concerning facts constituting an offense; Article 30 of the Criminal Act (the point of slaughter at an unauthorized workplace); Articles 45 (1) 7 and 33 (1) 7 of the Livestock Products Sanitary Control Act; Article 30 of the Criminal Act (the point of sale of livestock products without permission)

1. Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;