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(영문) 전주지방법원 2017.03.16 2017고정3
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who engages in meat sales business in the name of D static point in Jeonju-si, Jeonju-si C.

A business operator who engages in meat sales business shall record the kinds, quantities, place of origin, serial numbers, purchasing places, etc. of the meat or packaged meat with respect to the purchase of the meat or packaged meat, and keep such records for one year from the date of purchase.

Nevertheless, the Defendant did not prepare the aforementioned transaction details concerning the purchase of meat or packaged meat while operating the said business from the early December 2, 2015 to September 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Investigation reports (referring to the submission of D Contract Books) and the application of statutes;

1. Relevant Article 45 (4) 13 and Article 31 (2) 5 of the Health Control Act concerning facts constituting an offense, and Articles 45 (4) 13 and 31 (2) 5 of the Health Control Act, and selection of fines;

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

1. In light of the purport or legislative purpose of the Livestock Products Sanitary Control Act that the Defendant was obligated to prepare a statement of transaction details on livestock products in order to manage the processed products of livestock products with reasons for sentencing under Article 334(1) of the Criminal Procedure Act and maintain order in trade, the Defendant did not simply prepare a statement of transaction details on account of the sites or business difficulties of the relevant Acts and subordinate statutes.

Even if such an act can not be considered somewhat.

However, the circumstances favorable to the defendant are that the defendant states that all of the crimes of this case are against the mistake, that the first offender is the first offender, and that the statement of transaction is prepared in accordance with the legal standards after the discovery of this case.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.

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