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(영문) 청주지방법원 제천지원 2018.12.20 2018고정74
축산물위생관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to operate a livestock farming business the area of which exceeds 50 square meters shall obtain permission from the competent authority;

Nevertheless, the Defendant, from October 30, 2017 to May 10, 2018, run the livestock industry by raising 90 chickenss without obtaining permission from the competent administrative agency, at a breeding facility with an area of 182.25 square meters in the city B between October 30, 2017 and May 10, 2018.

2. No person who violates the Sanitary Control of Livestock Products shall slaughter and treat livestock at a place other than a place of work permitted;

Nevertheless, the Defendant, at the place of work without a license for slaughter, etc., entered in paragraph 1, and around February 2, 2018, 13 chills, and hins.

5.1. He slaughtered and treated 16 cats to sell 16 cats.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on reports;

1. Article 53 Subparag. 1, Article 22(1) of the Livestock Industry Act regarding criminal facts; Article 45(1)1, and Article 7(1) of the Livestock Products Sanitary Control Act (unauthorized slaughter and disposal of livestock products); Article 7(1) of the Livestock Products Sanitary Control Act (the selection of fines) [the fact that the Defendant recognized the error of the Defendant; the fact that the Defendant is inconsistent with the size of livestock pens; and that the number of livestock pens is not large compared with the size of livestock pens (the record shows that the Defendant, without a separate president, raised livestock in the manner of emitting the chickens in the breeding facility.

According to Article 30 of the Enforcement Rule of the Livestock Industry Act (attached Table 3-3), the Ministry of Agriculture and Forestry’s announcement of livestock breeding facilities per unit area of livestock breeding facilities, which was enacted with the delegation of the attached Table 3-3, “standards for adequate livestock raising per unit area of livestock breeding facilities” is to raise 9 mar or 20 mar per 1 square meter in the case of mountain fraternities, about 20 mar or about 36 mar per 1 square meter in the case of meat, or about 180 mar in the case of mar, or about 36 mar in total weight. Therefore, at a breeding facility of 180 mar area, the number of chickens slaughtered and treated by the Defendant is not large, and the profits earned by the Defendant are significant.

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