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(영문) 전주지방법원 2016.11.04 2016고정529
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to operate livestock product sales business shall be equipped with facilities meeting the standards prescribed by Ordinance of the Prime Minister and report to the Governor of a Special Self-Governing Province

Nevertheless, from around February 2, 2012 to February 2, 2016, the Defendant sold food eggs, which is livestock products, to the “Korea Food and Living Cooperatives” and “E, without having installed facilities meeting the above criteria and without having reported the livestock product sales business.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Report on the criminal place, details of detection, and report on the results of investigation;

1. A report on investigation (Attachment to the applicable law);

1. A business notification certificate;

1. Application of each statute on photographs;

1. Article 49 (6) 9 or Article 24 (1) of the Livestock Products Sanitary Control Act with respect to facts constituting an offense (generality or choice of fines);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion that the Defendant and his defense counsel sold edible eggs to the competent authorities from around 2012 to February 2, 2016 without reporting the livestock product sales business to the competent authorities, such as the “Korea Bioscam Life Cooperatives” and “a department located in E,” etc. However, the aforementioned Defendant’s sale of edible eggs does not constitute the crime of violating the Livestock Products Sanitary Control Act, since it constitutes the case where the Defendant sells all of the edible eggs produced to the business operators of collecting and selling edible eggs, and the case where the Defendant directly sells the packages packaged eggs to the final consumers at retail business places, such as Scam, and thereby does not constitute the crime of violating the Livestock Products Sanitary Control Act.

2. A person who intends to engage in any of the following businesses shall be equipped with facilities meeting the standards prescribed by Ordinance of the Prime Minister:

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