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(영문) 대전지방법원 논산지원 2015.09.11 2015고단304

축산물위생관리법위반

Text

Defendant

A and B shall be punished by each fine of KRW 2,00,00,000, Defendant C, D, and E by each fine of KRW 1,00,000.

The Defendants are the defendants.

Reasons

Punishment of the crime

1. Although Defendant A, B, C, and D’s slaughter, treatment of livestock products, processing, packaging, and storage of livestock products should be conducted at the workplace permitted by the Do governor, the Defendants, from around 08:00 on February 16, 2015 to around 11:30 on the same day, at Defendant A’s house located in Seosan-si F, a place where slaughter was not permitted. Defendant A, despite being aware that Defendant C and D were illegally slaughtered, provided the said house and installed a tent around the said house, and Defendant B slaughtered 1 math (individual number G) using knick and knife, Defendant C and D Do were killed with B’s bridge and knife.

Accordingly, Defendant A, B, C, and D conspired to slaughter livestock in an unpermitted workplace.

2. When Defendant E commits the crime described in paragraph (1) of this Article, Defendant E received the communication from Defendant A to introduce a butcher, and received the introduction fee from Defendant C and D, thereby aiding and abetting Defendant A, B, C, and D by facilitating the above crime.

Summary of Evidence

1. Defendants’ legal statement

1. The suspect interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to field photographs, earbook photographs, population information, B residential areas and Do photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A, B, C, and D: Articles 45(1)1 and 7(1) of the Livestock Products Sanitary Control Act; Article 30 of the Criminal Act; selection of fines

B. Defendant E: Articles 45(1)1 and 7(1) of the Livestock Products Sanitary Control Act; Article 32(1) of the Criminal Act; selection of fines

2. Defendant E of statutory mitigation: Articles 32 (2) and 55 (1) 3 of the Criminal Act;

3. Defendants of detention in the workhouse: (a) the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act include that Defendants A, B, C, and D have not been punished for committing a crime related to slaughter; and (b) Defendant A and E are suspended from the execution of sentence.