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(영문) 의정부지방법원 2017.06.29 2017고정927

가축전염병예방법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

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

Reasons

Punishment of the crime

The Defendant is a person who engages in double-do retail business with the trade name "C" in Songpa-gu Seoul Metropolitan Government.

The defendant purchases eggs from livestock-related facilities and transports them using vehicles, and in such cases, the above vehicles shall be registered with the head of the Si/Gun/Gu having jurisdiction over the place of registration as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

The Defendant entered the mountain field of "E" located in Scheon-si D, which was determined as a highly pathogenic avian influenza (AI), for six days from November 1, 2016 to November 21, 2016, and transported the eggs shipped from the said double-generation farm to Songpa-gu Seoul, his/her place of business using his/her own Fe-Ma cargo vehicles.

As such, the Defendant did not register the said cargo with the facility entry vehicle to the head of Songpa-gu having jurisdiction over the place where the vehicle was used while entering and leaving E, which is a livestock-related facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for investigations into violations of the Act on the Prevention of Contagious Animal Diseases in Livestock Vehicles, and requests for investigations;

1. C tax transaction details and C transaction statement;

1. Details of G farm's known transactions;

1. Application of Acts and subordinate statutes of the National Animal Disease Control Integration System (A, F) on the screen;

1. Relevant Article of the Act on the Prevention of Contagious Diseases and Articles 57 subparagraph 3-2 and 17-3 (1) of the Act on the Prevention of Contagious Diseases with respect to the facts constituting the crime;

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;