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(영문) 인천지방법원 2017.09.21 2017고단5628

축산물위생관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a retail business with the trade name of “C” in Bupyeong-gu Incheon Metropolitan City.

No one shall place any indication or advertisement that is likely to cause mistake or confusion with consumers, different from the facts, in relation to the names, manufacturing methods, ingredients, dietitians, raw materials, uses and quality of livestock products, packaging of livestock products, and traceability management of processed livestock products.

From February 2, 2017 to April 2, 2017, the Defendant: (a) packaged and sold the parts of the depth of the domestic c, including the end and the end of the inland cwal, and attached a label to the package, “a well-known good, the end, etc. of the well-known good, and the domestic cwal,” and sold it to many unspecified customers, with a label attached to the package, “a well-known good, the well-known good, and the well-known good.”

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A protocol concerning the examination of suspects of D;

1. Beef photographs of beef samples;

1. Application of the Acts and subordinate statutes to C exhibition place photographs and receipts for purchasing samples;

1. Relevant legal provisions concerning facts constituting an offense, Article 45 (3) 2 and Article 32 (1) 2 of the Sanitary Control of Livestock Products that are subject to the option of punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (4 months to 1 year) of the small and medium-sized types (less than 5,000 won) and the basic area (4 months to 1 year) of the sentencing guidelines;

2. The fact that the defendant who has been sentenced to a fine several times for the same kind of crime has the past record of being sentenced to a fine shall be considered to be a favorable condition in light of the unfavorable circumstances, such as the fact that the defendant is subject to a fine, etc., and the fact that the amount of a fine is relatively small, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the age, sex, environment