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(영문) 대전지방법원 논산지원 2015.11.03 2015고정99
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated the “CY”, which is a meat packaging business establishment and meat sales business establishment, in Seosan-si.

No meat packaging business operator shall sell livestock products, the expiration date marked on the relevant livestock products, or treat, process, pack, use, import, store, transport or display them for sale.

Nevertheless, despite the expiration of the circulation period indicated on June 12, 2015, the Defendant displayed and stored in the display room in the store, for sale of Hanyang-si (Class 2, 0.86km, and circulation period until June 7, 2015) 1 factoring, 1 fact-finding (price 3,000 won, and circulation period until April 22, 2015) 1 fact-finding, 1 fact-finding (price 5,00 won, and circulation period until May 22, 2015).

[A prosecutor did not specify the date and time of the crime at the time of filing the prosecution (Article 25(1) of the Criminal Procedure Act) and "the date on which the defendant obtained permission for meat packaging business from the rice market."

However, the prosecutor changed December 1, 2014, which was after the first trial date, to June 12, 2015, which was the control date.

(3) The lower court determined that the Defendant’s defense right was exercised on the basis of the photograph (Evidence Records 15, 16, 17 pages) attached to the process of detection, and that the Defendant’s defense right was not infringed by the following: (a) the Defendant’s defense right was not exercised on the basis of the Defendant’s photograph (Evidence Records 15, 16, 17 pages) indicating the following facts; and (b) the type, class, weight, price, etc. of the livestock products whose distribution period has expired only; and (c) what kind, class, weight, and price, etc. of the livestock products have expired; and (d) whether the public prosecution was instituted on the part of the Plaintiff who did not indicate the distribution period.

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the details of detection and photographic Acts and subordinate statutes attached thereto;

1. Relevant Article concerning facts constituting an offense and the Sanitary Control of respective livestock products selected for punishment;

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