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(영문) 수원지방법원 2014.07.16 2014고단2675
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

The defendant is a person who operates a livestock product sales business under the trade name of "D Company" in Mosung City.

1. No person who stores livestock products the expiration date of which has passed shall sell the relevant livestock products, or process, process, store, etc. such products for sale;

Nevertheless, the Defendant, around May 9, 2014, stored in the said D Company the amount equivalent to 132 km of the so-called So-called "Sash" 108.8km and the distribution period until June 3, 2013, in the freezing 132 km away from the so-called "Sashsh", for sale by March 19, 2014.

2. A person who intends to operate a livestock product sales business that has not been reported shall have facilities meeting the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries and report to the head of the Gu.

Nevertheless, the Defendant sold livestock products from June 2013 to May 9, 2014, without reporting the pertinent business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of a control report (Violation of the Livestock Products Sanitary Control Act), on-site photographs, and written confirmation;

1. Relevant Article on criminal facts, Articles 45 (1) 7 and 33 (1) 8 of the Sanitary Control of Livestock Products Act (the point of keeping livestock products for the purpose of sale after the expiration of the distribution period), Articles 45 (4) 9 and 24 (1) of the Livestock Products Sanitary Control Act (the point of selling unreported livestock products), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The act of violating the provisions related to the sanitation and distribution of livestock products with reason for sentencing under Article 62(1) of the Criminal Act is a crime that directly or indirectly affects national health, or may cause harm to national health, and there is a formation of a national consensus with respect to a crime related to food, and the extent of the expiration of the distribution period without the small scale of the act of violation.

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