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(영문) 서울서부지방법원 2018.01.11 2017노1278

축산물위생관리법위반

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts and misapprehension of the legal principles (guilty part of the judgment below) Defendant (hereinafter “Defendant”) puts a catmark on the Defendant’s catus, scatus, scatus, and scather product, which is marked on the Defendant’s cather product, only to inform consumers of the information about the meat slaughtered in the manner of raising the above cathers, and it is not similar to the cather in a foreign country. As such, Defendant used the certified contents on the Defendant’

shall not be deemed to exist.

(2) The sentence of the lower court’s improper sentencing (two years of suspended sentence in August) is too unreasonable.

B. In order to obtain certification for raising to be conducted in a foreign country due to the misunderstanding of the facts or misunderstanding of the legal principles (not guilty part of the reasoning of the judgment below), a critical requirement should be satisfied with regard to the qualifications and number of slaughters, the location, facilities and size of slaughterhouses, and the slaughter procedures.

The method of raising is not the first place in Korea but the method of raising the livestock products being widely used in Korea is separately established.

It shall be in accordance with the standards established in the foreign country after the day is slaughtered in the manner of raising.

Defendant slaughtered a chickens in such a manner as to meet the requirements required by the above foreign country.

Unless recognized, animals were slaughtered in a manner that slaughters in a way that does not cause any pain to animals, solely on the basis that they were slaughtered in a manner that slaughters in an outer and kymaned tool.

subsection (b) of this section.

(2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. Determination as to the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine (1) The summary of this part of the facts charged is that the Defendant is a person who operates the meat processing and import wholesale and retail business called “D”.

Any person shall use the name, manufacturing method, ingredients of livestock products as raw materials, quality and packaging thereof.