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(영문) 인천지방법원 2015.02.12 2014고단7344
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

A person who intends to slaughter, dispose of, etc. livestock shall do so at a permitted place of work, and a person who intends to operate slaughter business shall obtain permission from the competent authority for each place of work.

Nevertheless, from January 6, 2012 to April 29, 2014, the Defendant, at “C” operated by the Defendant in Seo-gu Incheon Metropolitan City, installed the facilities used to slaughter livestock, such as electric shockers, gas soil, high voltage washing machines, straws, ice-rays, livestock hair removal machines, etc., to the said establishments without obtaining permission from the competent authorities, and slaughtered approximately 300 maris per year, such as dogs, chickenss, and ducks purchased directly from or purchased from the said farmers.

Accordingly, the defendant, for the above period, slaughtered livestock at the workplace without permission of the competent authorities, and operated slaughter business.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on suspect writing books;

1. Article 45 (1) 1, Article 7 (1) of the former Livestock Products Sanitary Control Act (amended by Act No. 12672, May 21, 2014; hereinafter the same shall apply), Articles 45 (1) 6, and 22 (1) of the former Livestock Products Sanitary Control Act (amended by Act No. 12672, May 21, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of the same kind of force, the recognition of and reflects on the crime, the circumstances and results leading to the crime, the circumstances before and after the crime, and the scale of business);

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