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(영문) 광주지방법원 2017.11.22 2017고정633

축산물위생관리법위반

Text

Defendants shall be punished by each fine of KRW 1,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who temporarily lends the “E” workplace located in Gwangju North-gu, Gwangju, cut and packages the chickens and ducks, and sells them to Gwangju-gu and the Southern-gu cafeteria in the trade name of “F.”

A person who intends to engage in meat packaging business shall obtain permission from the head of the Gu for each workplace.

Nevertheless, Defendant A, without obtaining permission from the head of the Gu from November 11, 2016 to February 8, 2017, cut the chickens and ducks in the E workplace located in Gwangju North-gu, Gwangju, and sold them to Gwangju and the North Korean restaurant.

Accordingly, Defendant A engaged in meat packaging business without obtaining permission from the head of the Gu.

2. Defendant B is a person engaged in meat packaging business with the trade name “E” in Gwangju Northern-gu D.

A person who has obtained permission for meat packaging business shall obtain permission from the head of the Gu when he/she changes important facilities, such as freezing rooms and freezing rooms.

Nevertheless, Defendant B, without the permission of the head of the Gu on December 2014, installed a freezing which is to be used in “E” of size 250 cm wide and 350 cm long from 250 cm wide.

Accordingly, Defendant B did not obtain permission from the head of the Gu while changing important facilities.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. Application of Acts and subordinate statutes to the E freezing photographs and copies of permits;

1. Relevant Article 45 (1) 6 and Article 22 (1) (excluding punishment) of the Sanitary Control of Livestock Products Act; Defendant B: Articles 45 (1) 6 and 22 (2) (excluding punishment) of the Sanitary Control Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;