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(영문) 대구지방법원 의성지원 2015.05.14 2015고단28
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 7,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall sell, store or display livestock products, the expiration date marked on which has passed, for sale.

On October 29, 2014, at around 10:45, the Defendant kept approximately KRW 26,000 g of 7 kinds of 7,00 kilograms, such as original packaging meat, which is a livestock product processed product, the expiration of the distribution period, at the cafeteria cafeteria operated by the Defendant in the Gandong-gun of the Ganbuk-gun, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to investigation reports (related to field photographs);

1. Article 45 (1) 7 and Article 33 (1) 8 of the former Livestock Products Sanitary Control Act (Amended by Act No. 12672, May 21, 2014; hereinafter the same shall apply) on criminal facts

1. Article 45 (5) of the former Livestock Products Sanitary Control Act (Concurrent Imposition of Imprisonment and fines);

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Article 48 (1) of the Criminal Act of confiscation;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the range of recommending punishment] where the aggravated area (2 years to June 5) of types 2 (2 years to manufacturing, etc. harmful foods, etc.) [2 years and 6 months-5 years] of the aggravated area (2 years and 334(1) of the Criminal Procedure Act] is used in fraudulent documents, forgery and other unlawful means (the decision of sentencing] [2 years of suspended sentence and a fine of 7 million won are purchased and distributed in part for the purpose of cost reduction, and some of the defendants purchase and distribute the goods, the circulation period of which is imminent, and the size is also reasonable.

However, the crime of this case is punishable for the same kind of crime in addition to the fact that the defendant kept in order to sell frozen meat for which the distribution period has elapsed, and the impact of the act on the health of the general public is relatively low compared to other acts corresponding to the above sentencing guidelines, and the defendant was punished for a violation of the Act on Origin Labeling of Agricultural and Fishery Products in 2013.

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