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(영문) 광주지방법원 2013.07.18 2013고정1203
축산물위생관리법위반
Text

Defendant

A A shall be punished by a fine of 500,000 won, and a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On March 5, 2013, the Defendant: (a) installed livestock pens and slaughter facilities in Jeonnam-gun C; and (b) slaughtered one math of salt raised at the said livestock shed.

However, the above address was not a place of work permitted for slaughter.

B. On April 1, 2013, the Defendant slaughtered 1 marine at the place above.

However, the above address was not a place of work permitted for slaughter.

2. The defendant B food service business operator shall not use the density livestock products that have not been inspected by an inspector of livestock products for cooking food.

A. On March 5, 2013, the Defendant: (a) operated a restaurant in Jeonnam-gun D on March 5, 2013; (b) purchased and cooked a black salt 1 horse that did not undergo an inspection conducted by an inspector, with a density reduced by A; and (c) sold it.

B. On April 1, 2013, the Defendant: (a) purchased and sold a black salt 1 horse in which A did not undergo an inspection by an inspector, with a density reduced at the above E restaurant; and (b) purchased and sold it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes on the photograph of the case

1. Relevant legal provisions and subparagraph A of the punishment for the crime: Defendant B of Article 45 (1) 1 and Article 7 (1) of the Livestock Products Sanitary Control Act (Selection of Fines): Subparagraph 6 of Article 97 and Article 44 (1) of the Food Sanitation Act (Selection of Fines);

1. Defendants to be detained in the workhouse: A balance between the amount of the fine already executed or issued in the case where the Defendants were led to confessions and reflects on the sentencing of Articles 70 and 69(2) of the Criminal Act; the same kind of force exists; and the two number of salt farms slaughtered and sold by the Defendants; and the same case where the prosecution indicted summaryly from February 2013 to June 2013.

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