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(영문) 전주지방법원 2015.09.22 2015고정728
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a slaughter and sales store in the name of “C” in the Jeonbuk-gun, Jeonbuk-gun.

Any person shall slaughter and dispose of livestock at a place of work permitted by the Mayor/Do Governor, and any person who intends to engage in livestock products sales business shall install facilities and report thereon to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry for Food

그럼에도 불구하고, 피고인은 2014. 7. 3.경부터 2015. 5. 28.경까지 사이에 전라북도지사로부터 작업장 허가를 받지 않은 위 C에서, 탈모기, 도마, 냉장고 등 설비를 설치하고 생닭을 도살하고 처리하여, 완주군수에게 신고하지 아니하고 불특정 다수의 손님들에게 암탉은 한 마리당 11,000원에, 수탉은 한 마리당 12,000원을 받고 판매하였다.

Accordingly, the Defendant slaughtered and treated livestock in a place of work without permission, and operated livestock product sales business without reporting.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written statements of D;

1. Each investigation report (Attachment of the same type of judgment and correction of the date of crimes);

1. Application of CD-related Acts and subordinate statutes

1. Article 45 (1) 1, Article 7 (1) of the Livestock Products Sanitary Control Act (Unauthorized slaughter and Treatment, Selection of Fines), Article 45 (6) and 9, and Article 24 (1) of the Livestock Products Sanitary Control Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (within the scope of the sum total of the amounts of two principal crimes determined in the Livestock Products Sanitary Control Act due to the heavy non-permission slaughter and treatment) among concurrent crimes;

1. Articles 70 (1) 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 of the provisional payment order is that the defendant recognized the crime of this case and his depth is divided, and the size of the defendant's business is relatively small and small.

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