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(영문) 수원지방법원 2014.04.02 2013고단6268
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above imprisonment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a livestock product sales business under the trade name of "D" in the wife population C.

1. A person who intends to engage in sales business of livestock products that are not reported shall have facilities meeting the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries and report to the head of the relevant Gu;

Nevertheless, the Defendant, without reporting the business to the head of the wife, sold the chills within the above D from April 22, 2012 to January 15, 2014.

2. No person who violates the standards for the processing, packing, storage, and distribution methods of livestock products shall operate a freezing product of the livestock products to distribute such products into actual temperature or refrigerating products;

Nevertheless, from October 2008 to October 14, 2013, the Defendant operated freezing and freezing sand in an average of 10km per day and distributed them as hot or refrigerating products.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor of the defendant and police suspect interrogation protocol;

1. Each statement;

1. Report (D), written confirmation, business registration certificate, attachment of site photographs at the time of enforcement, on-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 45 (2) 11, 31 (2) 4 of the relevant Act on the Sanitary Control of Livestock Products (amended by Act No. 11989, Jul. 30, 2013; hereinafter the same shall apply) and 45 (4) 9, 24 (1), and 21 (1) 7 of the same Act on criminal facts (generally: the volume of sales of unreported livestock products and the choice of imprisonment);

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

1. The act of violating the provisions related to sanitation and distribution of livestock products for sentencing (see Article 62(1) of the Criminal Act) is a crime that directly or indirectly affects national health and is related to the food of the people.

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