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(영문) 전주지방법원 2015.04.16 2014고단2306

축산물위생관리법위반

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Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendants are those who operate livestock slaughter and sales business in the name of “D” in Jeonbuk-gun, Jeonbuk-gun.

1. Slaughtering and treating livestock shall be conducted in a permitted place of work, and no livestock shall be slaughtered and treated in any place other than a permitted place of work;

Nevertheless, from October 3, 2013 to August 8, 2014, the Defendants installed a chilling machine, such as 1 scambling machine, working stand, freezing storage, and chickens facility, without obtaining permission from the competent authorities, and sold the 12,000 won per 24 restaurants, including E-type F restaurants, and sold the 14,00 won at 12,00 won per 24 restaurants, including E-type F restaurants.

As a result, Defendants conspired to slaughter and treat livestock in a place other than the permitted place of work.

2. Any person who intends to sell livestock products without reporting shall report to the competent authority;

Nevertheless, from October 3, 2013 to August 8, 2014, Defendants sold approximately KRW 224,829,000, such as chickens and ducks, without reporting to the competent authorities.

As a result, the Defendants conspired to engage in livestock product sales business without reporting to the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. The police statement concerning G;

1. The police seizure record and the list of seizure;

1. On-site photographs, business operator registration certificates, details of account transactions, materials on sales status, and current status of D sales;

1. Application of Acts and subordinate statutes to investigative reports (specific matters, such as submission of computerized data on sales, and number of slaughters);

1. Articles 45(1)1 and 7(1) of the former Livestock Products Sanitary Control Act (amended by Act No. 12672, May 21, 2014); Article 30 of the Criminal Act (amended by Act No. 12672, May 21, 201); and comprehensively, Articles 45(4)9 and 24(1) of the said Livestock Products Sanitary Control Act; Article 30 of the Criminal Act (amended by Act No. 12672, May 21, 201).