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(영문) 광주지방법원 순천지원 2016.07.27 2016고단233
축산물위생관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 15 million, by a fine of KRW 2 million, and by a fine of KRW 500,000.

Reasons

Punishment of the crime

1. Defendant A reported the livestock products sales business in the name of F, which was a wife on March 25, 2013, in the name of F, and had been engaged in the livestock products sales business under the name of H from Y in the net City City G.

From January 2015 to September 21, 2015, the Defendant was equipped with facilities for slaughter in a sloping machine, working team, and dyke, without obtaining permission from the above H. From September 21, 2015, and operated an unauthorized slaughter business by slaughtering and treating 2,500 crys a total of 10 crys per day by using the aforementioned salves, etc.

2. From January 1, 2015 to September 21, 2015, Defendant B operated a general restaurant business not reported by the “J”, which was located in Macheon City from January 1, 2015 to September 21, 2015, and equipped with cooking facilities and the table table with the cooking facilities and table, and sold them to many and unspecified customers for 45,00 won by cooking chills, chickenss, and so on.

3. From January 1, 2015 to September 21, 2015, Defendant C operated a general restaurant business that was not reported by “L” located in K at the time of net fishing, with cooking facilities and the tables equipped with them, and sells them to many and unspecified customers with music and distribution, etc., with them.

Summary of Evidence

The application of Acts and subordinate statutes to the Defendants’ protocol of seizure, on-site photographs, photographs of seized articles, copies of seized articles, copies of photographic business registration certificate, copies of a report, copy of a copy of a certificate of business registration, status of delivery to the management register of business reports, investigation report of specifications of transaction (the confirmation of Defendant A’s density quantity, etc.) to the Defendants

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 45(1)1 and Article 7(1) of the Sanitary Control of Livestock Products Act; the selection of fines;

B. Defendant B and C: Article 97 subparag. 1 and Article 37 subparag. 4 of the Food Sanitation Act; selection of fines

2. Article 70 (1) and Article 69 (2) of the Criminal Act for the attraction of a workhouse.

3. Defendant A has no permission to impose a sentence that is disadvantageous to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order.

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