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(영문) 부산지방법원 동부지원 2019.01.16 2018고정573

사료관리법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The Defendant is a person who imports and sells water-resistant feed and sells chain B, and C is an employee of the Defendant as the Do governor.

A feed, the feed process of which has been established, shall be manufactured, used, or preserved in accordance with such feed process, and no manufacturer, importer, and distributor of such feed shall sell or supply feed, the expiration of which has been set, or display or keep such feed for sale.

Nevertheless, around April 24, 2017, C sold to F 30 square meters (weight 600 Kg, sales proceeds 2.580,000 won) of the 30-day feed of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea (hereinafter “E”), which was imported from the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea

Accordingly, the defendant, who is an employee of the defendant, committed such a violation as above in relation to the defendant's business.

Judgment

1. The instant facts charged purported that the Defendant’s employees sold feed for which the distribution deadline has lapsed (hereinafter “instant feed”), and that this constitutes “manufacturing, using, or preserving feed” in violation of the “feed process.”

However, Article 8(9) of the "Standards and Specifications for Feed, etc.", which is announced by the Ministry of Agriculture, Food and Rural Affairs, provides that the prohibition of setting and selling a distribution deadline, is stipulated in Article 8(9) of the "Food, etc.". It is necessary to examine whether this provision constitutes "feed process" and the sale of feed, the expiration

2. The statutes applicable to the facts charged in this case to the relevant statutes are as follows.

(Non-related part was omitted and the bottom was added to help understanding). A person falling under any of the following subparagraphs of Article 34 (Penalty Provisions) of the Control of Livestock and Fish Feed Act shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.

5. A violation of Article 11 (2);