beta
(영문) 광주지방법원 순천지원 2013.10.08 2013고단1377

축산물위생관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, in operating a restaurant in the name of "C" in the Gyang-si B, taken the earth and sand chickens from the intermediate distributor and distributes and sells it in the mountain, etc.

1. Any person who intends to sell livestock products not reported shall prepare the facilities and report thereon to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not report to the Gwangju Metropolitan City Mayor from September 11, 2009 to May 14, 2013. However, the Defendant, at the said C parking lot, installed a large air conditioners and purchased 9,000 won of earth and sand, which is a livestock product from D, etc., and received orders from 20 or more restaurants, such as F in the Gwangju Metropolitan City E, etc., by using one freezing tower, and supplied the relevant earth and chickens, and sold the livestock products for the said period by selling approximately KRW 1.2 billion at the market price of 120,000,000, in a manner that he/she received sales proceeds of KRW 1,20,000 for the said period.

2. No person shall sell, or process, pack, use, import, store, transport or display for sale, any livestock product the expiration date marked on the relevant livestock product;

Nevertheless, at around 11:30 on May 14, 2013, the Defendant kept the sum of 27 maws for sale, the distribution period of which is extended until April 8, 2013 and May 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to G, H, I, and J;

1. Copy of the statement made to K; and

1. Reports on internal investigation (limited to details of control and photographs);

1. A report on internal investigation (the current status of the report on the sales of livestock products in miningyang);

1. A report on internal investigation (in addition to L/C, which is a distribution company of the Do chickens and D);

1. Investigation report (verification of the expiration date of the earth, sand, and chickens);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 45 of the Livestock Products Sanitary Control Act for facts constituting a crime and Article 45 of the Selection of Penalties;