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(영문) 춘천지방법원 원주지원 2017.10.19 2017고정200
축산물위생관리법위반
Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published, respectively.

Reasons

1. Summary of the facts charged

A. Defendant A is a person working as the team leader in charge of ordering and supplying the original district in Dongdaemun-gu Seoul Metropolitan Government Co., Ltd. B.

On May 18, 2016, the Defendant: (a) supplied E-art imported acid 37.55 km in Won-si; (b) received the F’s request, the team leader of the M-PP team, to prepare and request a trading statement as if Korea supplied Korea-do; and (c) made a false transaction statement in the trading statement, stating that “Items - - Standards: Han-Se-Wi/ Giba-1-Domestic Products 1-Wiba-Wib, 19.95km in weight, 34,00 won in weight, 678,300 won in supply; and (d) Item - Items - Han-Sibabab/ Libaba 1-Domestic Products 1-300 won in weight, 17.60km in weight, 25,000 won in supply, 40,000 won in supply.”

B. Defendant B, an employee of Defendant B Co., Ltd., committed a violation as above with respect to the business of the corporation.

2. The legal principle of determination requires that a crime and a punishment be defined by law in order to protect the freedom and rights of individuals from the arbitrary exercise of the state penal authority.

In light of such purport, the interpretation of the penal law must be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal law in the direction unfavorable to the defendant is not permitted as it is contrary to the principle of statutoryism (see Supreme Court Decision 2012Do4230, Nov. 28, 2013). In full view of the evidence duly examined and adopted by the court, the fact that Defendant A issued a transaction statement stating false details (as stated in the facts charged, 985 pages, hereinafter “the transaction statement of this case”).

However, the prosecutor applied Article 45 (4) 13 of the Livestock Products Sanitary Control Act to the above charged facts, and the same provision does not prepare and keep a statement of transaction in violation of Article 31 (2) 5 or prepares a false statement.

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