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Reasons
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(영문) 서울서부지방법원 2017.02.17 2016고정690
축산물위생관리법위반
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1. Defendants shall be punished by a fine of KRW 1,000,000.

2. When Defendant A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is an enterprise that collects and sells food eggs in Namyang-si, Namyang-si, and the defendant A is a substantial representative of the above company.

1. On November 27, 2015, Defendant A collected and sold food eggs, which are livestock products, at the place of business of the said stock company B, and kept them together at the storage place of edible eggs, which are kept in storage for normal distribution without indicating the “use for disposal” equivalent to the total of KRW 200,100,000 in the market value of edible eggs returned upon the expiration of the distribution period, from November 3, 2015 to November 20 of the same month, and by November 24 of the same month.

2. Defendant B, at the time and place specified in paragraph 1, committed a violation as described in paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. A written request for investigation;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on appending photographs of edible eggs with the expiration of the distribution period);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: the main sentence of Article 45(4)1 and Article 31(2)4 of the Livestock Products Sanitary Control Act, Article 51(2) and subparagraph 1(g) (excluding punishment) of attached Table 13 of the Enforcement Rule of the same Act;

(b) Defendant B: The main sentence of Article 46, the main sentence of Article 45 (4) 11, Article 31 (2) 4, Article 51 (2) and subparagraph 1 (g) of attached Table 13 of the Sanitary Control Act, Article 51 (2), and subparagraph 1 (g) of attached Table 13 of the Enforcement Rule of the same Act;

2. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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