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(영문) 서울서부지방법원 2016.11.24 2016고단1698
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From April 2, 2014, the Defendant is the representative director of the “agricultural corporation C” corporation that operates livestock product processing business, such as “fat,” which is a processed livestock product, in the Chungcheong-gun B.

Those who intend to operate livestock product processing business shall obtain permission from the Mayors/Do Governors for each place of business in accordance with the Livestock Products Sanitary Control Act.

Nevertheless, in the event that the permission for completion of a factory is delayed, the defendant had the intention to produce and sell eggs even before obtaining permission for a livestock product processing business from the distributor.

From January 11, 2014 to April 1, 2014, the Defendant employed nine facilities and employees necessary for the processing of livestock products at the place of business of the said “agricultural company C” company without obtaining permission from the competent authorities, and manufactured and sold “D” the amount equivalent to KRW 6,864,00, total market price of KRW 10,270, total market price, and KRW 111,80,115, total market price.

Accordingly, the Defendant manufactured and sold the processed meat products, a processed livestock product, without a license for livestock product processing business.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. C’s license, C’s current status of sales, business registration certificate, details of sales by customers, work instruction statement, and current status of sales; and

1. A written request for investigation;

1. Application of Acts and subordinate statutes to investigation reports (Nos. 1, 20, 22 of the evidence list);

1. Relevant Article of facts constituting an offense, Articles 45 (1) 6 and 22 (1) of the Livestock Products Sanitary Control Act, and the concurrent imposition of imprisonment and fines (Article 45 (7) of the Livestock Products Sanitary Control Act);

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

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing of Article 334(1) of the Criminal Procedure Act, this crime is difficult to secure the sanitary management and quality of livestock products and causes damage to the public confidence in the safety of livestock products.

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