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(영문) 대구지방법원 2016.08.25 2015노4964

축산물위생관리법위반

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The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant reversed the previous statement by deeming that the chickens was slaughtered on April 17, 2015, not slaughtered on April 6, 2015, which was discovered by the enforcement of the lower court’s court’s law, but was slaughtered on April 17, 2015. However, there is no evidence supporting the Defendant’s assertion that the aforementioned assertion is difficult to believe in light of the regulatory background and the situation at the time, etc., and that it is in the course of storage as samples for the development of the

Therefore, in full view of the statements of G et al., a traffic control police officer, etc., the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the facts charged in this case are fully recognized.

2. The Defendant is a person who engages in specialized distribution business of chickens in the name of “E (E)” in Daegu Northern-gu, Daegu-gu.

No livestock product, the distribution deadline indicated on the livestock product, shall be sold, nor processed, processed, packaged, used, imported, stored, transported or displayed for sale.

However, on April 23, 2015, the Defendant kept the amount equivalent to KRW 290,000 at the market price of 145km in a freezing room for the purpose of sale, both of the 3 stuffs, 1 stuffs, 1 stuffs, 290,000, the distribution period of which as of April 17, 2015 (6) was until April 17, 2015.

3. Determination

A. The lower court determined that the Defendant asserted that “The Defendant’s punishment for Defendant was kept for the purpose of developing crypine and stored for the purpose of developing crypines in a restaurant to which the instant crypine will open business, as stated in the facts charged, not until April 17, 2015, as stated in the facts charged.” The Defendant asserted that the Defendant’s aforementioned argument was sufficiently persuasive, and that the facts charged in the instant case were proven without any reasonable doubt.

Considering that it is difficult to see that the defendant was acquitted.

B. Determination of the party deliberation 1) Evidence that corresponds to the facts charged in the instant case.