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(영문) 수원지방법원 성남지원 2014.01.09 2013고정1727
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. No person shall sell livestock products, or process, process, pack, use, import, store, transport or display such products for sale, the expiration of the distribution period;

Nevertheless, from January 4, 2013 to April 8, 2013, the Defendant packaged and stored livestock products for the purpose of sale for which the period of distribution expires by packaging them into 46 kgs and 3.876 gs to 23 gs and storing them in freezing, by the meat packaging business chain D, for which the Defendant works in Gwangju City, from February 10, 2013 to March 4, 2013.

2. No person shall mark falsely, advertise or package in an exaggerated manner with respect to the names, manufacturing methods, ingredients, dietitians, quality of livestock products and their packaging;

During the period from January 4, 2013 to April 8, 2013, the Defendant: (a) sealed the distribution period to 46 boxes, 3.876kgs on the packaging paper; (b) marked the distribution period to 6 months from the date of manufacture; and (c) marked the manufacturing date as March 9, 2013 and marked as livestock products on February 7, 2013 and March 4, 2013, when the distribution period is from February 10 to March 4, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Customer director, import and distribution identification number;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 45 (1) 7 and Article 33 (1) 8 of the Livestock Products Sanitary Control Act concerning facts constituting an offense, Articles 45 (1) 14 and 32 (1) of the Livestock Products Sanitary Control Act, and selection of fines;

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

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

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

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