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(영문) 청주지방법원 제천지원 2014.07.03 2014고정59

농수산물의원산지표시에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Incheon City B.

No person shall make a false indication of the place of origin or sell them through a disguised indication of the place of origin while cooking and selling chickens subject to indication of the place of origin.

그럼에도 피고인은 2014. 3. 6.부터 2014. 3. 31.까지 제천시 D에 있는 E축산에서 브라질산 닭고기 68kg 을 292,400원에 구입하여, 2014. 3. 6.부터 2014. 4. 10.까지 위 브라질산 닭고기 66kg 을 재료로 뼈 없는 찜닭으로 조리하여 불특정 다수의 손님들에게 판매하면서, 닭고기에 대한 원산지를 국내산으로 거짓표시하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs of the scene of detection, and photographs of the detailed statement of purchase of hybrids in Brazilic acid;

1. Article 15 of the Act on Origin Labeling of Agricultural and Fishery Products and Articles 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant has been punished as a violation of the Food Sanitation Act even in 1994; (b) the amount of the sold chickens is considerably disadvantageous to the Defendant; and (c) the sentencing factors favorable to the fact that there is no criminal power other than the above punishment power; and (d) the Defendant’s age, family relation, etc. shall be