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(영문) 춘천지방법원 영월지원 2015.06.26 2015고정84
축산물위생관리법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a livestock products sales business under the trade name “D” in Thai City C. A.

A business operator shall display livestock products, the expiration date of which has elapsed, in a certain area located within a cooling place, freezing warehouse, or facility after being marked as “dispacting.”

Nevertheless, on March 23, 2015, the Defendant did not put a mark for disposal on freezing 358.2km (on May 30, 2014) and 73.1km (on October 13, 2013, the distribution deadline).

Accordingly, the Defendant did not put a “disuse” mark on livestock products, the expiration of the distribution period.

(b) No meat sales business operator shall process, store or sell meat or packaged meat in a place, other than a place of business;

Nevertheless, on March 23, 2015, the Defendant, a place of business, kept the freezing 358.2kg, the meat, at the freezing warehouse located in Thai City, about 30km away from the above D, which is a place of business, and kept the meat, 358.2kg, 73.1kg, the bones 210kg, etc.

Accordingly, the Defendant stored meat in a place other than the place of business.

2. Defendant B, a representative of the Defendant, committed the same offense as that set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on reports on criminal origin, written confirmation, details of stored goods, photographs for evidence, business completion certificates, and details of transactions;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 45 (4) 11 and 31 (2) 6 of the Livestock Products Sanitary Control Act;

(b) Defendant B corporation: Articles 46, 45(4)11, and 31(2)6 of the Livestock Products Sanitary Control Act

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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