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(영문) 광주지방법원 순천지원 2018.06.15 2016고정436

축산물위생관리법위반

Text

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

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

Reasons

Punishment of the crime

1. From February 2015 to March 28, 2016, the Defendant purchased approximately 1,380 plates in the Southern Man-gun C farm and D farm located in the former Man-gun, and sold 5,520,000 won (4,000 won per one board) to F in the Mancheon-si E market without reporting to the competent authorities.

Accordingly, the Defendant carried out sales business of unreported livestock products.

2. Food eggs shall be sold by displaying the distribution deadline, producer's name, etc. as publicly notified by the Food and Drug Safety Agency;

The Defendant sold to F without indicating the circulation deadline, etc. in the food column collected at the same time and place as in paragraph (1).

Accordingly, the Defendant sold food eggs in violation of the labelling standards of livestock products.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. Each report on internal investigation:

1. Report on investigation - Business trip and investigation;

1. In full view of the aforementioned evidence and the following circumstances revealed, it may be recognized that the Defendant sold the edible eggs to F without indicating the distribution time limit, etc. on the edible eggs collected.

① The Defendant, at the police station, stated that “A farm located in the Southern-gun of the Republic of Korea and D farm with no indication of the producer’s name and distribution time limit,” and supplied it to F (see, e.g., 33 to 37 pages of the investigation record), and did not assert that “the Defendant posted a Stick box indicating the distribution time, etc. while selling eggs to F.”

(2) The defense counsel asserted that “the defendant received a Stick indicating the distribution period from the producer and used it as if he sold it in F.”

However, while operating the Korean War C farm located in the Southern-gun, I sold the eggs to the Defendant, “I has sold the eggs to a person who is J,” and “the business of collecting and selling eggs.”