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(영문) 광주지방법원 2018.01.11 2017고정1279
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

The Defendant is a person who operates a general restaurant with “D” in the Southern Circuit C.

The slaughter and treatment of livestock, collection of livestock, and processing, packing, and storage of livestock products shall be conducted at a place of work permitted.

Nevertheless, around 09:00 on July 14, 2017, the Defendant treated the black salt 1ma, which was put in the Defendant’s “E” restaurant, in a place other than the permitted place of work, by means of removing the hair of the Defendant’s “E” and cutting off the knife using the knife, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A criminal investigation intelligence report;

1. Application of the Acts and subordinate statutes to photographs at enforcement sites;

1. Relevant Article 45 (1) 1 and Article 7 (1) of the Sanitary Control of Livestock Products that are subject to criminal facts, and Articles 45 (1) 1 and 7 (1) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his defense counsel merely treat the livestock already “waste” and do not treat the livestock so, so the defendant’s act does not constitute a crime even though according to the above provision of the Criminal Procedure Act, and even if it constitutes a crime, it is believed that his act does not constitute a crime under the above provision of the Criminal Procedure Act, and thus, constitutes a mistake in law.

The main text of Article 7(1) of the Livestock Products Sanitary Control Act provides, “The slaughter and treatment of household livestock, collection of livestock, and processing, packaging, and storage of livestock products shall be conducted at a place of work permitted pursuant to Article 22(1).” However, in attached Table 1 of Article 2 of the Enforcement Rule of the Livestock Products Sanitary Control Act regarding the criteria for slaughter and treatment of livestock entrusted pursuant to Article 4(1) of the Livestock Products Sanitary Control Act, the detailed provisions are divided into “the method of slaughter” and “the method of disposal,” and the method of disposal, as it treats the slaughtered livestock and treats the abandoned livestock.

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