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(영문) 수원지방법원 평택지원 2017.01.24 2016고정298
축산물위생관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of “B” corporation located in Ansan-si, and Defendant B is a corporation that engages in the meat packaging business of livestock products.

1. Defendant A

(a) The standards for labeling shall be determined and the livestock products that have no label shall be marked in compliance with such standards, and no livestock products without any label shall be sold, or processed, packaged, transported or displayed for sale;

Nevertheless, on January 18, 2016, the Defendant stored and displayed non-labeled livestock products for sale, such as 1.2kg and 13 safe dust, at the above place, etc. (10kg).

B. On February 11, 2016, at the above location, miscellaneous land 7k (7.3km) and 36 stuffs (259kg) were not classified as “for disposal” and stored in a freezing room without distinction.

2. The Defendant Company B, a director of the intra-company, committed a violation in relation to his business as described in paragraph 1.

Summary of Evidence

1. The defendant A's partial statement

1. The legal statement of witness F and G;

1. A criminal investigation report (defation report-B);

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 45(6)2 and Article 6(3) of the Sanitary Control of Livestock Products Act (the violation of the standards for labeling livestock products, the selection of fines), Article 45(4)11 and Article 31(2)6 of the Livestock Products Sanitary Control Act (the violation of the standards for labeling livestock products and the duty to separate livestock products due to distribution, the selection of fines)

B. Article 46, Article 45(6)2, Article 6(3) of the Livestock Products Sanitary Control Act (a violation of the standards for labeling livestock products), Article 46, Article 45(4)11, and Article 31(2)6 of the Livestock Products Sanitary Control Act (a violation of the duty to indicate and separate livestock products that have elapsed due to distribution)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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