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(영문) 의정부지방법원 2015.06.23 2015고단1546
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one shall put any false indication on the names, manufacturing methods, ingredients, dietitians, raw materials, uses, quality, and packaging of livestock products;

Nevertheless, the defendant from January 15, 2015 to the same year.

4. From around 13.0 to December 5, 2014, at the (ju) E E workplace in Yangju City, the distribution period of which is up to December 5, 2014 divided 10,98 kilograms into 2.5 kilograms, and the packaging of livestock products is marked differently from the fact by the time limit for distribution until August 2015.

2. No person shall sell livestock products, the expiration date marked on which has passed, or store such products for sale;

Nevertheless, the defendant from January 15, 2015 to the same year.

4. During the period of 13.m., at the same place, the time limit for circulation was falsely indicated and sold 6,152 kilograms among them to F, etc., and the remainder of 4,836 kilograms was kept for sale.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each special judicial police officer in G;

1. Each statement of H and I;

1. Police seizure records;

1. All on-site photographs;

1. A written confirmation of violation, a certificate of seizure, and details of keeping seized goods;

1. Application of Acts and subordinate statutes of the invoice (purchase), the current status of delivery of door-to-door units, the freezing storage prior to shipment, the current status of shipment of cattle, and the details of transactions;

1. Relevant statutory provisions for facts constituting an offense, Articles 45 (3), 32 (1) ( point of false labelling of livestock products) of the Livestock Products Sanitary Control Act, Articles 45 (1) 7, 33 (1) ( point of sale or storage of livestock products after the expiration of the distribution period), 33 (1) of the Livestock Products Sanitary Control Act, selection of imprisonment for a sentence

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act [the scope of recommendations] and types of harmful foods, drugs, and cosmetics (production, etc. of harmful foods, etc.).

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