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(영문) 대구지방법원 2017.01.19 2016노4786
축산물위생관리법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The standards for the safety management certification of the lower court set up each process to prevent mixing of substances harmful to the human body from livestock products or from contamination of livestock products throughout the whole process from livestock raising to the raw material management, treatment, processing, packing, distribution, and sale of livestock products. Thus, even if the goods were supplied by an enterprise certified for safety management, if the Defendant and the same distributor did not obtain the safety management certification on their own, the risk factors in the distribution stage are sufficiently managed.

It would be difficult to see.

In addition to the fact that there is a large scale of sales, long-term sales, and false indication about the certification of safety management, thereby impairing the general trust in safety management, the sentence of imprisonment shall be imposed in consideration of the fact that there is no criminal record or fine other than the same criminal record or fine, the fact that the defendant's actual profits are less than the sales, and the fact that the defendant's actual profits are less than the sales, but the fine shall

B. The crime of this case, based on the following facts: (a) the Defendant did not report and sold livestock products without reporting; and (b) sold livestock products with false marking certification (HCCP); (c) the crime was committed for a relatively long period; and (d) the amount of the crime was not significant; and (e) the crime was committed in light of the fact that it was an act detrimental to the general consumer’s trust.

However, it is advantageous to the fact that the defendant recognized the crime of this case and reflected the mistake, that the profit from the crime of this case appears to be less than the amount of sales, that there is no criminal record of fine or heavier, and that there are some circumstances that may be considered in the circumstances leading to the crime of this case.

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