beta
(영문) 부산지방법원 2016.05.25 2016고정707

축산물위생관리법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the B representative who is the packaging store of livestock products.

In order to maintain the sanitary control and transaction order, when a livestock product packing business operator and his/her employees intend to transport livestock products to a livestock product shipping business operator who is equipped with freezing or refrigerating facilities, the Defendant, despite the fact that the Defendant, from January 2015 to June 2015, transported livestock products to his/her customers by using a DNA 5 passenger vehicle without any facilities in transporting livestock products to his/her customers under the name of “B” inside the Busan Metropolitan City Northern City C Livestock Market from January 2015 to June 2015.

Accordingly, the Defendant violated the obligation of the business operator.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (around January 2015 to June 2015, the fact that the borrower of the multi-use car as indicated in the holding was carrying approximately two times the livestock products specified in B at the Defendant’s request);

1. The application of transportation photographs of the disabled E livestock products, the current status of the merchants of each market, business registration certificates, permits, and other statutes;

1. Relevant Article 45 (4) 11 of the Health Control Act and Article 31 (2) 4 of the same Act concerning facts constituting an offense and Articles 45 (4) 45 and 31 (2) 4 (Selection of punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;