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(영문) 수원지방법원 2017.09.15 2017노2196
축산물위생관리법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Article 32(1) of the former Livestock Products Sanitary Control Act (amended by Act No. 14025, Feb. 3, 2016; hereinafter the same) lists the names, manufacturing methods, ingredients, nutritional values, raw materials, use, quality, and packaging of livestock products as “the names, manufacturing methods, ingredients, nutritional values, raw materials, quality, and their packaging” for false, exaggerated, and secret labeling and advertisements prohibited under the said provision, in light of the importance of the transaction. The mountainous district, distribution date, and method of livestock products are subject to false, exaggerated, and secret labeling and advertisement prohibited under the said provision.

2) The lower court’s sentence against Defendant A, B, and G (a fine of KRW 3 million for each of the instant fines) is too uneasible and unreasonable.

(1) Article 32 (Prohibition of False Indication, etc.) (1) of the former Livestock Products Sanitary Control Act (Prohibition of False Indication, etc.) (1) No person shall make any of the following false, exaggerated, or exaggerated labeling, advertisements, or packaging in relation to the names, manufacturing methods, ingredients, dietitians, raw materials, use, quality, and packaging of livestock products:

2. Labels or advertisements that are different from facts or exaggerated or exaggerated. (2) The scope of false labelling, exaggerated advertisements, slandered advertisements or exaggerated packaging under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Prime Minister.

Article 52 (Scope and Application of False Indication, etc.) (1) The scope of the false, exaggerated, and secret labelling, advertisement, and overworking under Article 32 of the former Enforcement Rule of the Livestock Products Sanitary Control Act (amended by Ordinance of the Prime Minister No. 1233, Dec. 31, 2015; hereinafter the same shall apply) shall be any of the following acts among the acts of indicating or informing the name, manufacturing method, quality, nutritional value, raw materials, ingredients, or use of livestock products by means of the container, radio, television, newspaper, magazine, music, image, printed materials, signboard, Internet, or other means:

4. Names, manufacturing methods, quality and nutrition labelling of livestock products;

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