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(영문) 수원지방법원 안양지원 2018.04.27 2017고정430
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

C is the representative of Gunpo-si D and 1st E in charge of the operation and management of facilities, and the defendant is the joint operator who actually operates the above E.

1. A person who intends to operate a livestock products sales business with Defendant and C shall install the facilities and report to the head of a Special Self-Governing Province branch office, Si/Gun/Gu, as prescribed by Ordinance of the Prime Minister;

Nevertheless, the Defendant, in collusion with C, did not report to the military viewing, which is the competent authority, and operated the “E” on April 8, 2016 from around February 1, 2017 to around February 1, 2017, and displayed and sold livestock products.

As a result, the Defendant did not report in collusion with C and carried on the livestock sales business.

2. No person who commits a single crime against a defendant shall engage in false, exaggerated, or slandering, advertising, or packaging in relation to the names, manufacturing methods, ingredients, dietitians, raw materials, use and quality of livestock products, the packaging of livestock products, and tracking and management of traceability of the processed livestock products;

Nevertheless, around February 1, 2017, the Defendant displayed the quality of the livestock products after falsely indicating the quality of the livestock products by attaching the first class class class class class class class class class class class class mark to the above E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. G statements;

1. On-site detection photographs;

1. Application of Acts and subordinate statutes on investigation reports (verification of commencing date of business);

1. Relevant legal provisions concerning facts constituting an offense, Articles 45 (3) 2, 32 (1) 2, 45 (6) 9, 24 (1) and 21 (1) 7 of the Sanitary Control Act, Article 30 of the Criminal Act;

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

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 concerning the order of provisional payment;

1. Article 186(1) of the Criminal Procedure Act (the cost of lawsuit is not imposed, and thus the principle prohibiting disadvantageous alteration is not imposed.

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