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(영문) 서울중앙지방법원 2015.05.28 2015고단2311
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to operate a livestock product processing business shall obtain permission from the Mayor/Do governor (or the head of Si/Gun/Gu to whom the authority has been delegated) for each place of work.

Nevertheless, from January 2012 to September 2014, the Defendant processed and sold the catus amounting to KRW 30 million per month’s average by way of using the cats of 1st century of the building in Jung-gu Seoul, Jung-gu, Seoul, with the trade name “D” without obtaining permission from the competent authorities, and at around 20 square meters, at the catus processing workplace of the first floor of the building in Seoul, Jung-gu, Seoul.

Accordingly, the defendant operated livestock product processing business without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the accused and the F;

1. Protocol of the police statement concerning G;

1. Application of sales-related data, such as field photographs, reports on the performance of withholding taxes, and business registration certificates (D);

1. Article 45 (1) 6 of the relevant Act on criminal facts, Articles 45 (1) 6 and 22 (1) of the Sanitary Control of Livestock Products Act and choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, the closure of business after the control, and the absence of criminal records of the same kind);

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