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(영문) 인천지방법원 부천지원 2018.01.25 2017고정952
축산물위생관리법위반
Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A sold a total of 1,245 of the food column plates (hereinafter the same shall apply) without a lawful indication in accordance with the standards for labeling livestock products under the Sanitary Control Act, such as the name and location of a seller from January 2016 to May 19, 2017, to Defendant B’s customers (cafeteria, Maart, etc.) on the part of Defendant B, who was in charge of collecting and selling eggs D in Kimpo-si. From January 2016 to May 19, 2017, Defendant A sold 1,245 food column plates (hereinafter the same shall apply) without such indication, and around May 19, 2017, kept 15 food column plates without such indication at the Defendant’s business place.

Accordingly, the Defendant sold, sold, and stored for sale livestock products without legitimate indication.

2. Defendant B, at the time, and at the place specified in paragraph 1, Defendant B, the representative of the Defendant, committed each of the same offenses as described in paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness E;

1. A certified copy of the corporate registry (list 11), details of transactions (list 13);

1. Application of relevant Acts and subordinate statutes of each photograph (list 6,16);

1. The relevant Act on the facts constituting an offense, Defendant A who is subject to the option of punishment: Articles 45 (6) 2 and 6 (3) of the Sanitary Control of Livestock Products Act; Articles 46, 45 (6) 2 and 6 (3) of the Sanitary Control Act; and Articles 46 and 45 (6) 3 of the Sanitary Control of Livestock Products Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

1. Determination as to the assertion by the Defendants and their defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. The summary of the argument is that when Defendant B (hereinafter “Defendant B”) receives food eggs from the F farm, etc., Defendant B (hereinafter “Defendant B”) is supplied with 5 plates with strings of vinyl. Defendant B’s transaction partners are flick 5 plates.

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