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(영문) 서울동부지방법원 2017.11.17 2017노1290
축산물위생관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of legal principles (in the judgment of the court below,

1. B. 2) The processing work, etc. of the instant livestock products was conducted at Defendant B’s workplace operated by Defendant A

Even if the work process was conducted by employees of GCC, the safety management certification (HCCP) mark of GCC is attached to the StCC mark, it is false to mark it.

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 determination 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 workplace management (such as sanitary control guidelines, standards for the management of manufacturing facilities, specifications of the freezing and freezing standards, standards for storage and transport management, guidelines for the management of storage and management, etc.) submitted by G Co., Ltd. as a prior requirement for safety management certification (HCCP), the above company’s workplace is indicated as “Seoul Seongdong-gu and 3 stories,” and thus, safety management certification (HCCP) cannot be used for livestock products processed at the fourth workplace of the Defendant Co., Ltd., other than the above third workplace.

Therefore, Defendant A’s act with the HCC’s Safety Management Certification (HCCP) mark on livestock products processed at the above 4th workplace constitutes a violation of the Livestock Products Sanitary Control Act, and the Defendants’ above 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 is reasonable by fully taking account of all the circumstances, including the various sentencing grounds asserted by the Defendants.

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