logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.05.26 2017고단165
축산물위생관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Sanitary Control of Livestock Products Act is a person who has slaughtered livestock and sold livestock in the “C” located in the mountain, mountain, and mountain. The Defendant is a person who has been slaughtered and sold livestock in the workplace permitted under Article 22(1) of the Sanitary Control of Livestock Products Act.

Nevertheless, the Defendant, at the above “C” workplace without obtaining permission from March 2009 to February 4, 2016, slaughtered the earth and sand of approximately 252,00 mari in total by using 3,00 mariths and 252,00 mans per month, without obtaining permission from the Do Governor.

2. A person who intends to become a merchant of livestock trading in violation of the Livestock Industry Act shall complete education under Article 34-2 of the Livestock Industry Act and register with the authority having jurisdiction over the domicile of agriculture, forestry, and livestock industry, as prescribed by Ordinance of the Ministry of Information

Nevertheless, during the period from March 2013 to February 19, 2016, the Defendant sold approximately 315,000 horses slaughtered in the above “C” without being registered with the competent authority, and traded livestock as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A copy of the account book of the person under consideration;

1. Customers, consigned places, and details of transactions;

1. Answer to whether a request for cooperation in investigation is made;

1. Application of Acts and subordinate statutes to inquiries as to whether livestock traders are registered;

1. Relevant legal provisions concerning facts constituting an offense, Article 45 (1) 1, Article 7 (1) of the Sanitary Control of Livestock Products Act (in cases where livestock are slaughtered at a place, other than the permitted place of work), Article 54 subparagraph 4, Article 34-2 (1) (in cases of unregistered livestock trading business) of the Livestock Industry Act, and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act reflects the Defendant’s wrongness, the fact that there is no record of punishment for the same kind of crime, the period of the crime, the scale of the business, and the profits acquired.

arrow