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(영문) 춘천지방법원 강릉지원 2013.09.05 2013고단413

축산물위생관리법위반

Text

A defendant shall be punished by imprisonment for not more than ten 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

Any person who intends to operate slaughter business shall obtain permission from the Mayor/Do Governor.

Nevertheless, on February 29, 2008, the Defendant, without a slaughter business license, slaughtered 1 marine, which is livestock, using electric shock machines, work sites, large soils, high voltage washing machines, knifs, etc. in “D” operated by the Defendant in Gangseo-si, Gangnam-si, and sold them to the Health Center of “E”, which is a customer, after receiving KRW 207,000 from around 207 to April 6, 2013. In addition, the Defendant: (a) slaughtered and treated 412 marine over 39 times from around 399 as indicated in the attached list of crimes; and (b) sold them after receiving KRW 85,871,000 in total.

Accordingly, the defendant operated slaughter business without obtaining a license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (Attachment of a field photograph);

1. Investigation reports (affixing advertisements in a rice market where living information is available);

1. A criminal investigation report (book analysis and reorganization);

1. Investigation reports (the analysis of books submitted voluntarily in D and the attachment of sights);

1. Application of Acts and subordinate statutes on data submitted by tax offices related to the amount of Category D;

1. Article 45 (1) 6 of the Livestock Products Sanitary Control Act and Article 22 (1) of the same Act concerning facts constituting an offense;

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

1. The sentencing reasons under Article 62-2 of the Social Service Order Criminal Act, based on the following facts: (a) while the defendant was mainly engaged in breeding and slaughter in D, the farmer or health center raising salt and health center had no slaughter facilities in Gangwon-do slaughter facilities to be slaughtered in the outer area, such as impulses, etc.; (b) upon the defendant's request for the reduction of salt in the course of time and expenses; (c) the defendant is driving in the direction of obtaining permission for the reduction of salt; (d) the defendant has no particular criminal record of the defendant; and (e) the defendant has committed any work in the direction of obtaining permission

It is so decided as per Disposition for the above reasons.