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(영문) 부산지방법원 동부지원 2014.06.11 2014고단619
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Slaughter and treatment of livestock without permission, collection of milk, and processing, packaging and storage of livestock products shall be conducted at a place of work for which permission has been obtained from the Mayor/Do Governor;

Nevertheless, from January 1, 2014 to March 1, 2014, the Defendant was equipped with working facilities, such as a scambling machine, water supply facility, horse, knife, air conditioners, etc., in a warehouse located in Busan Shipping Daegu, without obtaining permission from the competent authority, and slaughtered and treated chickens and ducks.

2. Any person who intends to operate a livestock product sales business not reported shall be equipped with certain facilities and report to the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, sold 11,000 to 12,000 won per mari, to many and unspecified persons who found the chickens and ducks slaughtered and treated as above without reporting the business of livestock product sales to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of photographic Acts and subordinate statutes, such as illegal livestock penss;

1. Relevant Article concerning facts constituting an offense, Articles 45 (1) 1, 7 (1) (unauthorized livestock slaughter) of the Livestock Products Sanitary Control Act, Articles 45 (4) 9 and 24 (1) of the Livestock Products Sanitary Control Act, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2, and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

1. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction of the same kind of fine, it is necessary to strictly punish the defendant.

However, the fact that the defendant repents his mistake, that the defendant does not have any particular criminal record in addition to the fine twice, and that the defendant leads to his livelihood.

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