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(영문) 서울동부지방법원 2017.11.17 2017노1058
축산물위생관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal reasoning is that the processing work, etc. of the instant livestock products was conducted at the G Co., Ltd.’s workplace operated by F.

Even if the work process was conducted by the employees of the defendant B corporation, even if the HCC mark (HCCP) mark is affixed with a Stick on which the safety management certification of the defendant B corporation was affixed, it is marked with a false mark.

subsection (b) of this section.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby finding the Defendant guilty.

B. In full view of the various factors of sentencing in the instant case’s unfair assertion of sentencing, the sentence imposed by the lower court against the Defendants (a fine of 4 million won) is too unreasonable.

2. In light of the conclusion of the misapprehension of the legal doctrine, Article 9 of the Livestock Products Sanitary Control Act provides that the standards for safety management certification shall be prepared and operated “the relevant workplace”, and the standards for the management of the workplace submitted by Defendant B Co., Ltd. as a prior requirement for the safety management certification (HCCP) are prepared on the premise that the above company’s workplace is “Seoul Seongdong-gu and 3 floors”, the safety management certification (HCCP) mark may not be used for livestock products processed at the fourth floor workplace of G Co., Ltd. other than the above third floor workplace.

Therefore, Defendant A’s act bearing a safety control certification (HCCP) mark on livestock products processed at the above 4th workplace constitutes a violation of the Sanitary Control of Livestock Products Act, and the Defendants’ aforementioned assertion is without merit.

3. In full view of the reasoning for the determination of the unfair argument of sentencing, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the various sentencing grounds asserted by the Defendants, and other special circumstances to the extent of changing the above punishment.

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