사료관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
A fine shall not be paid by the defendant.
1. The sales of feed, the distribution period of which has expired, is not complied with the standards and specifications for the preservation of feed process in accordance with Article 8(9) of the Standards for Feed, etc.
2. Article 8 of the standards and specifications for feed, etc. notified by the Ministry of Agriculture, Food and Rural Affairs, shall set the general standards and specifications under paragraph 1 and set the detailed standards under paragraph 2 below.
The attached Table 4 of Article 8(1) provides that "the feed for which the method of preservation has been determined shall comply with such standards and keep it." However, there is no specific method of preservation.
On the other hand, Article 8 (9) imposes the duty to set a distribution period on manufacturers and importers, and imposes the duty to prohibit the sale and supply of feed, the duty to prohibit the display or storage for sales purposes, and the duty to prohibit the display or storage of feed, the distribution period of which expires on manufacturers, importers and distributors
Articles 8 (9) and 10-2 of the Control of Livestock and Fish Feed Act shall also be included in the feed process publicly notified by the Minister of Agriculture, Food and Rural Affairs.
Sale of feed, the distribution period of which has expired, is in violation of the standards for the method of preserving feed, and falls under Article 34 subparagraph 5 and Article 11 (2) of the Control of Livestock and Fish Feed Act
In conclusion, the judgment of the court below is erroneous in violation of law and affected the conclusion of the judgment.
3. The appeal by the prosecutor of conclusion is with merit.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
The defendant is a person who runs the business of importing and selling feed of high-water and the sales chain B, and C is a person who is an employee of the defendant as the Do governor.
Feed, for which the feed process has been established, shall be manufactured, used, or preserved in accordance with the feed process, and manufacturers, importers, and distributors of such feed for which the expiration date has passed.