logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.12.23 2016노1753
축산물위생관리법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below against the Defendants (the 2 years of suspended execution and the 3 million won of fine in the year of imprisonment, the 2 million won of fine in the case of Defendant B, and the 1.5 million won of fine in the case of Defendant C) is too unreasonable.

2. The defendants led to the confession of each of the crimes in this case and there is no special circumstance or change of circumstances that may be newly considered after the pronouncement of the judgment below. However, considering the sanitary control and improvement of the quality of livestock products, the purpose of legislation of the Livestock Products Sanitary Control Act aimed at the sound development of the livestock industry, the inappropriate treatment of wastes, and harm and injury to the public health, etc., the defendants' crime quality is very inappropriate, considering the fact that the period of selling beef without reporting to the competent authority exceeds one year, the defendant A and C attempted to conceal the crime without reporting to the head of the competent authority without any facilities, the fact that the defendants A and C had the history of each criminal punishment, the fact that there was no special circumstance or change of circumstances that may be newly considered after the sentence of the judgment below, the defendants' age, character and behavior, environment, motive, means and consequence of the crime in this case, and the circumstances after the crime in this case and all of the sentencing conditions stated in the records and arguments in this case such as the records and arguments in this case cannot be justified.

3. In conclusion, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since they are without merit. It is so decided as per Disposition.

arrow