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(영문) 서울북부지방법원 2018.04.13 2017고정1596
축산물위생관리법위반
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants are married couple and family members who jointly operate the “E” in Dongdaemun-gu Seoul Metropolitan Government D.

A person who intends to slaughter, dispose of, etc. livestock shall do so at a permitted place of work, and a person who intends to operate slaughter business shall obtain permission from the competent authority for each place of work.

Nevertheless, Defendant A: (a) from September 201 to January 17, 2017, Defendant B, from November 17, 2016 to April 3, 2017, without obtaining a license for air conditioners, places of work, and slaughter business; (b) was equipped with facilities, such as air conditioners, one freezing, one stop, 8 partitions, one stop stop, and one stop stop, etc., at the place of business on which approximately 15 square meters of 15 square meters are located; and (c) was slaughtered at 10,000,000 won per day, and sold to many unspecified persons for sale at an average amount of KRW 4.5 million per month.

As a result, the Defendants slaughtered livestock at the workplace without permission of the competent authorities for each of the above periods and operated slaughter business.

Summary of Evidence

1. Defendant A’s legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A statement of F and G;

1. Each written confirmation of Defendant A and each on-site photograph;

1. Investigation report (on-site inspection report), family relation certificate; 1. Application of Acts and subordinate statutes to confirm an investigation (to hear statements by police officers in charge of crackdown);

1. The Defendants of the relevant Act on criminal facts: Articles 45(1)1 and 7(1) of the Sanitary Control of Livestock Products Act, Article 30 of the Criminal Act (the point of slaughter and treatment of livestock at an unauthorized place of work) and Articles 45(1)6 and 22(1) of the Sanitary Control of Livestock Products Act, Article 30 of the Criminal Act (the point of operation of an unauthorized slaughter business).

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of each alternative fine for punishment;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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