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(영문) 의정부지방법원 2017.11.09 2017고정1959
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of "C" in the sales business of livestock products located in two weeks at two weeks (the business of collecting edible eggs).

No business operator selling and collecting food eggs shall sell, or store and transport for sale, eggs, etc., the contents of which are leaked or damaged due to the diversity damage.

Nevertheless, from April 15, 2017 to May 23, 2017, the Defendant violated the Sanitary Control Act by mixing with the above room 20 margs during the period of 20 margs, Ebregs, Fbregs, G restaurants with low-sufficiency food eggs, annual gold eggs, pollution eggs, approximately 240 margs with approximately 30 margs, and approximately 5.4 million margs with the destroyed eggs of partial food eggs, during the supply and sale of approximately 5.4 million margs, and by mixing with the above room margs, 20 margs during the period of 20 margs, and 50 million margs with remaining products, and selling them.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes, such as a business report certificate, a control site photograph, and a result of inspection of edible eggs;

1. Relevant Article 45 (4) 11 and Article 31 (2) 4 of the Health Control Act concerning facts constituting an offense, and Articles 45 (4) 11 and 31 (2) 4 of the Health Control Act, and selection of fines;

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

1. The crime of this case is not deemed to be a good crime in view of the following: (a) in the case of knowing that the content was leaked due to the damage to the indipulation of food disturbance for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case is not committed in view of the fact that the risk of corruption is high when taking in such a manner.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant was committed while committing the crime in this case; (b) there was no record of punishment for the same kind of crime; (c) the quantity sold by the defendant and the degree of profit acquired by the defendant; and (d) the age

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