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(영문) 서울북부지방법원 2020.11.26 2020고정1202

축산물위생관리법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who engages in meat sales business without trade name at the store adjacent to the C Bank located in Dongdaemun-gu Seoul Metropolitan Government.

Any person who intends to engage in meat sales business shall be equipped with appropriate facilities and make a report on his/her business to the competent authority, as prescribed by Ordinance of the Prime Minister.

Nevertheless, the Defendant did not report the business of meat sales to the competent authorities, from March 21, 2020 to September 1, 2020, the Defendant violated this business by raising an average monthly sales of KRW 2.6 million by selling beef (1kg, 1kg, 1kg, 1kg, 4,000, 1kgg, 1kg, 4,000) and swine meat (10,000,000) from the display place to the display place at the street store with an area of 5.13 square meters of the above location.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes to each on-site photograph;

1. Relevant Article of the relevant Act and Articles 45 (6) 9 and 24 (1) of the Livestock Products Sanitary Control Act with respect to facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, while running the instant meat sales business for about 20 years at the same place, continues to repeat the same kind of crime even though he/she was punished by a fine or imprisonment with prison labor for the same violation of the Livestock Products Sanitary Control Act over about 30 times, and such defendant's criminal records or economic situation is highly likely to repeat the crime. However, there are favorable circumstances such as the defendant's awareness of and reflects the instant crime, and the defendant appears to be a criminal act to maintain his/her family's livelihood, and there are some other favorable circumstances such as the motive and circumstance of the instant crime.