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(영문) 광주지방법원 2018.11.22 2017고단5841

축산물위생관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 28, 2014, the Defendant runs the meat sales business in the name of “D” in the name of “D” in Gwangju Northern-gu C and A 1 story 5.

1. Where a meat sales business operator is prohibited from selling meat to a business operator for the purpose of selling meat, the Defendant, from January 7, 2017 to May 22, 2017, sold refined meat, such as cattle and pigs, to a business operator who sells meat from around January 7, 2017 to around May 22, 2017, did not comply with any of the matters to be observed by the business operator of the meat sales business.

2. Around August 22, 2017, the Defendant kept freezing 16.62kg of freezing pigs, the distribution deadline of which was up to February 13, 2017, on the freezing warehouse installed in the above D, around August 13:30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. On-site photographs from whichD is exposed (the No. 7,8 of the evidence list);

1. Application of Acts and subordinate statutes to photographs, such as details of transactions, books, etc. (the No. 14 through 22 of the evidence list);

1. Article 45(4)11, Article 31(2)4 (a) of the former Livestock Products Sanitary Control Act (Amended by Act No. 14957, Oct. 24, 2017); Article 45(1)7, and Article 33(1)8 (a) of the Livestock Products Sanitary Control Act (a person who stores Does and livestock products based on the distribution deadline) concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum term of the punishments prescribed for each of the above crimes is aggregated) shall be aggravated for concurrent crimes;

1. All circumstances, including the criminal records of the defendant, the method and period of the crime, and the fact that the defendant seems to have obtained considerable benefits from the crime of this case, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended execution