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(영문) 광주지방법원 순천지원 2016.11.16 2016고단1517

축산물위생관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to engage in livestock product sales business shall be equipped with facilities meeting the standards and shall report it to the Governor of a Special Self-Governing Province or the head

Nevertheless, from November 2013 to April 2016, the Defendant: (a) installed, without filing a report with the mayor, work site, cutting machine, freezing storage, etc., at an unauthorized stable located in the city of Macheon-si; and (b) subdivided, clean, and sold at KRW 40-450,00 per 1me to the restaurant located in the YY-gun D, the total market price of which is KRW 110,301,40,00 in black salt 345,00 in the total market price slaughtered at the slaughterhouse located in the YY-gun-gun, the Defendant sold at KRW 40,450,00 per ma

Accordingly, the Defendant carried out sales business of unreported livestock products.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographs of the workplace without permission, and F photograph;

1. Data on slaughters;

1. Each investigation report [the defendant and his/her defense counsel acknowledged the fact that he/she partially subdivides and cleanly sold black salt at a livestock shed (C livestock shed) without filing a report as indicated in the facts constituting a crime, but argued that the number of times is not high. However, considering the circumstances acknowledged by the evidence duly adopted and investigated by this court, the reported store area of 68 square meters (from July 1, 2013 to July 1, 2015) and the store size of 20 square meters (from December 31, 2013 to December 30, 2015) of the store size of H 1st floor in order to ensure that the defendant and his/her defense counsel’s assertion on the facts constituting a crime can not be accepted in full view of the circumstances acknowledged by the evidence duly adopted and investigated by this court.

1. Relevant Article of the relevant Act and Articles 45 (6) 9 and 24 (1) of the Livestock Products Sanitary Control Act, the selection of punishment for an offense, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;