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(영문) 의정부지방법원 2020.11.12 2020고단2390
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who sells meat at a street store with approximately three square meters in front of C in Dongdaemun-gu Seoul Metropolitan Government.

Anyone who intends to engage in meat sales business shall report to the competent authorities in accordance with the Livestock Products Sanitary Control Act.

Nevertheless, from December 14, 2019 to May 15, 2020, the Defendant, without reporting the meat sales business to the competent authorities, operated the meat sales business by selling cattle, pigs, etc. to customers who find it with facilities such as one, one, one, and one, which serve as a cooling house, and one, and one, for which a monthly average of 6.9 million won was applied, without reporting the meat sales business to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each written statement and each field photograph Act and subordinate statutes;

1. Relevant Article of the facts constituting an offense, and Articles 45 (6) 9 and 24 (1) of the Sanitary Control of Livestock Products Act that are subject to the option of punishment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is as follows: (a) the Defendant was punished by a fine of four times for three years; and (b) the Defendant continued to operate the fixed land sales street in the same place without reporting it.

Summary of Report

The defendant's position that the conversion of the business form to the extent that it is able to be equipped is acceptable, but it is not possible to leave the defendant's illegal business alone by repeating the action of a fine or at any time.

It is inevitable to strictly punish one story.

However, in full view of the favorable circumstances, such as the fact that the defendant recognizes and reflects the crime of this case, the scale of the crime is small, the fact that there is no history exceeding the fine, and there is a family member to support, and other favorable factors, including the defendant's age, character and conduct, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., the punishment as ordered shall be determined as per Disposition.

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