축산물위생관리법위반
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The defendants' punishment (one and half years of imprisonment for Defendant A, and six months of imprisonment for Defendant B) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The crime of this case was committed in collusion with or by the Defendants Company B, or in the position of the head of a livestock shed, such as cattle that was caused or died of disease by the Defendant’s own disease, or cattle that was caused by scambling, etc., but, in a normal manner, the introduction of slaughterhouses was not allowed or difficult, and the crime was considerably poor, and the Defendants were punished several times in the past. In particular, Defendant A was sentenced to a fine of two million won due to the violation of the Livestock Products Sanitary Control Act around 2014, but again committed the crime of this case despite being sentenced to a fine of two million won due to the violation of the Livestock Products Sanitary Control Act around 2014, and the crime of this case may threaten the health of the general public. Therefore, it is inevitable to punish the Defendants with severe punishment.
On the other hand, the defendants led to the confession of the crime of this case and reflects their mistakes, and the number of times the defendant A participated in illegal slaughters is limited to five times, and the profits acquired by the defendant B from the crime of this case are not significant. The circumstances favorable to the defendants are as follows.
In addition, in full view of the various conditions of sentencing indicated in the record, such as the age, sex, environment, and circumstances leading to the instant crime, etc., the sentencing of the lower court is too heavy or it is found that the lower court exceeded the reasonable scope of discretion because it is frightened.
It does not seem that it does not appear.
Therefore, we do not accept all the defendants' and prosecutor's argument of sentencing.
3. As such, each appeal by the Defendants and the public prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.