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(영문) 청주지방법원 제천지원 2015.06.25 2015고단90
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who engages in meat packaging business in the name of "D" in Incheon City.

When a business operator who engages in meat packaging business directly transports livestock products he/she has slaughtered, treated, processed, or packaged, he/she shall maintain the condition of freezing or freezing.

Nevertheless, from January 201 to February 13, 2015, the Defendant transported approximately KRW 51 to 2,128,036,00 of the market price in the above D for each Triday and each Triday to F, who is operating a cafeteria, without maintaining a cooling or freezing state, containing approximately KRW 51 ton of a small season of approximately KRW 2,128,036,00 in the aggregate of the market price in the above D for each Triday and each Triday.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation report (Attachment to On-site bond certificates, video CDs, etc.), internal investigation report (H vehicle inquiry), internal investigation report (Attachment to the details of the delivery of baggage of a bus terminal in the sun-city, cross-city, etc.), internal investigation report (and investigation into the addressee's counterpart) with regard to G;

1. Report on investigation (specific of the facts of offense), certification of facts, and president of the Customer;

1. Investigation report (a photograph of contents, such as sales account books, etc. which are seized objects shall be attached);

1. Records of seizure and the list of seizure;

1. Application of the statutes to photographs of seized articles and photographs of search and seizure sites;

1. Relevant Article of the facts constituting an offense, and Articles 45 (4) 11 and 31 (2) 4 of the Sanitary Control of Livestock Products Act that are subject to the option of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the amount of livestock products transported by the defendant without maintaining the condition of cooling or freezing is disadvantageous to the defendant. The fact that the defendant led to the confession of the instant crime and reflects the Defendant is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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