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(영문) 수원지방법원 안산지원 2016.02.24 2015고정1746

축산물위생관리법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a business operator who operates a meat sales and processing business under the trade name of "C" in Ansan-si, Gyeyang-si.

1. No business operator who runs a meat sales and processing business shall use illegal or inferior foods, such as products, etc., the distribution period of which has elapsed in accordance with the standards for processing, packing, preserving, and distributing livestock products (referring to standards, standards for ingredients, etc. of livestock products) as raw materials for products when he/she processes, packages, preserves, and distributes livestock products;

Nevertheless, on June 5, 2015, the Defendant produced meat, i.e., fresh, e., net-sale processed meat, approximately 3.6 km, for the purpose of selling 3.6 km, within his/her business establishment, and used coconcibus as a raw material for which 68 days have passed.

2. No meat business operator engaged in instant meat sales and processing business shall sell, store, transport or display livestock products that fail to meet standards (referring to processing standards, specifications of ingredients, etc. of livestock products), or store, transport or display such products for sale;

Nevertheless, on June 5, 2015, the Defendant sold approximately 1.2 kg (per approximately 11,000 won) of 2 factorings of money gas (per 11,000 won) produced not in compliance with the above standards (the processing standards, ingredients specifications, etc. of livestock products) to customers, and on September 11, 2015, approximately 1.8 g (per 16,500 won) of the same product for sale to the freezing storage in the business place as of September 11, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs and related data related to the violation of the relevant business;

1. Relevant Article 45 (4) 1, Article 4 (5) (which violates the standards for processing livestock products) of the Sanitary Control of Livestock Products Act concerning facts constituting an offense, Articles 45 (4) 2 and 4 (6) of the Sanitary Control of Livestock Products Act (which means sales and storage of livestock products in violation of the standards), and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so ordered as per Disposition for the reason of Article 334(1) or more of the Criminal Procedure Act.