축산물위생관리법위반
The judgment of the court below is reversed.
The sentence against the accused shall be three million won.
Defendant. A fine.
1. The summary of the grounds for appeal is that the Defendant was in custody of 8.4km for the purpose of sale, but the court below erred in the facts.
2. Even when considering the circumstances alleged by the Prosecutor on the grounds of appeal, the evidence submitted by the Prosecutor alone, as well as the evidence submitted by the lower court, is insufficient to recognize that the Defendant was in custody for sale purposes of 8.4kg of the Abul situation, and there is no other evidence to acknowledge otherwise.
We do not accept the prosecutor's assertion of mistake.
On the other hand, in the appellate trial, the prosecutor applied the law as preliminaryly applied "Article 45 (4) 11 and Article 31 (2) 4 of the Livestock Products Sanitary Control Act" and applied to the amendment of indictment adding the facts charged as stated below.
This court allowed changes in the bill of amendment and added to the subject of the judgment.
3. The judgment of the court below is reversed ex officio due to changes in the indictment.
Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed ex officio, and the judgment shall be rendered again after pleading as follows:
[Re-use] The Defendant is engaged in the livestock product sales business under the name of “F” in the Won-si.
A livestock product sales business operator shall keep livestock products, the expiration date of which is indicated as "waste disposal" and then classify them into a cooling place, freezing storage, and a certain area within the facility.
Nevertheless, on May 20, 2016, the Defendant stored 8.4 kg of the YY as “waste disposal” without indicating the import acid 8.4 kg, which is a livestock product for which the distribution deadline has passed, in the warehouse 2 of the FUF, and stored it together with the livestock products for sale without any distinction.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes concerning investigation request, storage place, and photographs of products;
1. Article 45 (4) 11 of the Sanitary Control Act and Article 31 (2) 4 of the same Act concerning facts constituting an offense, and Article 45 (4) 4 of the same Act concerning the selective livestock product.