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(영문) 대구지방법원 2018.05.18 2018노271

축산물위생관리법위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Despite the recognition of the conspiracy relationship between the Defendant and B with regard to the crime of violating the Sanitary Control of Livestock Products Act with Defendant A, the lower court acquitted the Defendant, which erred by misapprehending the legal doctrine and misunderstanding of facts.

2) Each sentence sentenced by the lower court against Defendant B and C (Defendant B: 1 and 6 months of imprisonment, 2 years of suspended sentence, 6 months of imprisonment and 2 years of suspended sentence) is too unhued and unreasonable.

B. The sentence imposed by the lower court by Defendant B is too unreasonable.

(c)

Defendant

C1) When the closure order of the E business site is issued by the Office of Glime-gun, the order to remove the storage facilities, such as freezing storage, was also issued, and the storage facilities were removed.

Therefore, the Defendant was unable to store and sell livestock products in E during the same period as indicated in the facts charged.

Nevertheless, the judgment of the court below that found the defendant guilty is erroneous in the misconception of facts.

2) The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Judgment on the Prosecutor’s misunderstanding of the legal principles as to Defendant A and the assertion of misunderstanding of facts 1) The summary of this part of the facts charged

(a) Slaughtering, disposing of, and collecting livestock, and processing, packaging, and storing livestock products in violation of any provision, such as slaughter and treatment of livestock, shall be conducted at a permitted place of work;

In collusion with the Defendant, at around July 2016, the Defendant and B: (a) slaughtered 1 marine of livestock, which is livestock, into electricity and slaughtered; (b) removed the knife from the machinery nife with hair-off; (c) removed the knife from the nife, and stored knife in the frozen warehouse, and stored 43 knife in the nife warehouse from September 2015 to August 17, 2016.

As a result, the Defendant and B have slaughtered and disposed of livestock-based salt at the workplace without permission.

(b) livestock product sales business;