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(영문) 전주지방법원 군산지원 2016.11.29 2016고정418
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 8, 2013, the Defendant reported to the Gun Mayor on the business of selling by-products of meat, and sells pigs by-products in the name of “C” from Gunsan-si, Jeollabuk-do.

1. A person who intends to run livestock product processing business in violation of the Livestock Products Sanitary Control Act by an unauthorized livestock processing business shall obtain permission from the Mayor/Do Governor for each workplace as prescribed by Ordinance of the Prime Minister;

Nevertheless, the Defendant did not obtain permission from January 2016 to March 23, 2016, and operated a livestock product processing business without permission by reducing the skin of pigs from the workplace located in the above C, or by living the bones, such as pigs, on the slicket, and selling livestock products to E-cafeteria located in the Gunsan City D.

2. No livestock products for which standards for violating the Livestock Products Sanitary Control Act are determined due to the violation of labelling standards shall be sold, or processed, packaged, stored, transported or displayed for sale;

Nevertheless, around 15:00 on March 23, 2016, the Defendant purchased approximately 30 km and approximately 51 km of the head of the swine from (H) G (representative H) livestock processing business operators in Gunsan-si F, and then subdivided and stored them for sale purposes without any marking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on reports on business trips;

1. Selection of fines for crimes under Article 45 (1) 6, Article 22 (1), Article 45 (6) 2 and Article 45 (3) of the Livestock Products Sanitary Control Act, and selection of fines for negligence;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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