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(영문) 전주지방법원 2017.08.17 2017노431
축산물위생관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. According to the relevant Acts and subordinate statutes, such as Article 45 of the Livestock Products Sanitary Control Act, etc., based on the summary of the grounds for appeal, the temperature of air conditioners, which are kept in circulation, is -2-10°C. Thus, Defendant A’s early temperature in the cooling tower is 18-32°C.

Even if the temperature of the coolant product was maintained below 10°C, it does not violate the Livestock Products Sanitary Control Act.

Nevertheless, the judgment of the court below which found the Defendants guilty of all the charges is erroneous by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment (the defense counsel of the Defendants asserted that the punishment of the court below against the Defendants is unfair because each punishment of the defendants is too excessive due to the reason for supplementary appeal submitted after the appeal was too excessive, but this does not constitute a legitimate ground for appeal).

(a) Article 4(5) of the Sanitary Control of Livestock Products Act provides that “The slaughter and treatment of household cattle, the collection of milk, and the processing packaging and distribution of livestock products shall conform to the standards, processing standards and components specifications pursuant to paragraphs 1 through 3;

Article 4 (2) 1 of the same Act provides that "The Minister of Food and Drug Safety may, if necessary for public hygiene, determine and publicly notify the standards for the methods of processing, preserving and distributing livestock products (hereinafter referred to as "processing standards")

Since "the person who intends to preserve and distribute livestock products shall comply with the processing standards determined by the Minister of Food and Drug Safety."

Pursuant to Article 4 (2) of the same Part, subparagraph 7 (g) of the “common standards and specifications for 2 livestock products” of the “processing Criteria and Ingredients specifications of livestock products (Public Notice No. 2016-48, hereinafter the “Public Notice of the Food and Drug Safety”)” publicly notified by the Minister of Food and Drug Safety pursuant to paragraph (2) of Article 4 of the same Act shall be preserved and circulated under -2 and 10C in the air conditioners for meat preservation.

“......”

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