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(영문) 제주지방법원 2017.02.08 2016고정859
축산법위반등
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

1. A person who intends to operate a livestock industry in violation of the Livestock Industry Act shall obtain permission from the head of a Si/Gun/Gu having jurisdiction over his/her place of business in accordance with Presidential Decree by preparing matters concerning facilities, equipment, and adequate number of raising livestock per unit area;

Nevertheless, the Defendant did not obtain permission from the authorities, and installed a bar bar with a size of about 253 square meters from April 20, 2016 to August 10, 2016, and raised 700 maris in Seopo-si C with a size of about 253 square meters.

2. Slaughtering and treating livestock in violation of the Sanitary Control of Livestock Products Act, collecting milk, and processing, packaging and storing livestock products shall be performed at a place of business permitted;

Nevertheless, on August 10, 2016, the Defendant slaughtered 20 horses in order to sell it to many unspecified people from the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of Paragraph 1, which is a place of work not permitted from the early police officer to August 10

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to documents of accusation, D, and E of the book-keeping market, documents of confirmation, certificates of collection (Seizure), certificates of on-site photographs of A;

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Article 53 subparagraph 1 of the Livestock Industry Act, Article 22 (1) 4 (the point of conducting livestock farming business without permission) of the Livestock Industry Act, Article 45 (1) 1 of the Livestock Products Sanitary Control Act, and Article 7 (1) of the Livestock Products Sanitary Control Act (the point of conducting slaughter and treatment of livestock at a place other than the place of business for which permission has been granted). Selection of fines for negligence;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

According to Article 13 of the Enforcement Decree of the Livestock Industry Act: (a) the period from February 23, 2015 to February 22, 2016 exceeds the area of 950m2 of the breeding facility is subject to permission; (b) but after February 23, 2016, the period exceeds the area of 50m2 of the breeding facility is changed to the subject of permission.

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