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(영문) 부산지방법원 2013.08.22 2013고정17
축산물위생관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who operates "D" in Busan Northern-gu C shall slaughter and treat livestock, collect milk, process, pack and store livestock products at a place of work permitted by the competent Mayor.

Nevertheless, around September 19, 2012, the Defendant slaughtered the chickens and ducks, which are livestock, without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reports;

1. Relevant Article of the relevant Act and Articles 45 (1) 1 and 7 (1) of the Livestock Products Sanitary Control Act with respect to facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. No person charged with this part of the facts charged shall kill an animal on the street or in any other open place, or kill an animal in front of another animal of the same kind;

Nevertheless, around September 19, 2012, the Defendant slaughtered a dog in front of other animals living in the “D” located in Busan Northern-gu C.

2. The Defendant asserts that the Defendant did not have committed an act of killing a dog in front of other animals since the D, which he operated, separately established a work room that kills a dog, is a isolated space.

In this regard, there is a letter of accusation and a statement of F and a report on investigation (field) by the head of the Busan Metropolitan City North Korea-gu, Busan Metropolitan City as evidence corresponding to this part of the facts charged.

However, the above accusation and the written statement purport that “A witness F, who is a public official of the office of the Busan Metropolitan City, filed a complaint with the Defendant on the premise that he would not be slaughtered in the presence of another dog because he did not witness the front of the other animals although he did not witness the slaughter facilities in D at the time of the control and did not witness the front of the other animals.”

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