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(영문) 광주지방법원 순천지원 2016.06.22 2016고단234
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From January 2015 to September 21, 2015, the Defendant, at “E” located in “E”, was equipped with equipment to slaughter scambling, working scaming, etc. without obtaining permission from the competent authorities. The Defendant slaughtered and treated the 6,796 Mari on an average of 25 cambling per day by using the aforementioned scambling season, etc.

Accordingly, the Defendant operated an unauthorized slaughter business.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The current status of photographs of a place suspected of being a density, farm aviation photographs, and slaughterhouses;

1. Registers of business notification and management (F) and certificates of registration of livestock breeding business (E);

1. The current status of the transaction ledger, earth and sand in the remote sea, and the current status of the soil and sand in the remote sea by transaction partner;

1. Application of Acts and subordinate statutes to the place of transactions of gold transactions, books, account books, invoices, specifications, and transactions;

1. Relevant legal provisions concerning facts constituting an offense, Article 45 (1) 1 and Article 7 (1) of the Sanitary Control of Livestock Products that are subject to the option of punishment, and selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there was a history of punishment for the same kind of crime for sentencing under Article 62-2 of the Social Service Order Criminal Act, the continued slaughter in the same place of business, the period for which an unauthorized slaughter was conducted is considerably long, and the gains so acquired are large amounts.

However, in light of favorable circumstances, such as the fact that the defendant makes confession, reflects, and removes all facilities installed for slaughter without permission and does not repeat the crime, such as the disposal of machinery, etc., the punishment as ordered shall be determined by taking into account the defendant's age, sexual conduct, circumstances after the crime, etc., and other factors of sentencing indicated in the records.

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