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(영문) 수원지방법원 2016.11.16 2016고단5262
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to operate a livestock product sales business shall be equipped with facilities and report thereon to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.

Nevertheless, the Defendant, without reporting the livestock product sales business, was equipped with the freezing and refrigerating facility with the trade name “H” from July 1, 2012 to May 12, 2016, from Suwon-si G, the first floor, etc., and purchased meat in the milk market located in Geumcheon-gu Seoul Metropolitan Government Mosandong, such as the franchis, meat by-products, hair, hair, and so on, and sold the total amount of KRW 1,788,579,726 on the restaurants, etc. located in Suwon-si, Susung-si and Seosung-si.

Accordingly, the Defendant carried out a sales business of unreported livestock products.

Summary of Evidence

1. Statement by the defendant in court;

1. An interrogation protocol of the police officer against K or L;

1. Investigation report ( facility standards, etc. for each livestock product place of business);

1. Seizure records;

1. A list of business registration (H), H purchase and sale, H 2016 sales, and a list of transactions;

1. Application of Acts and subordinate statutes to field photographs and H photographic materials;

1. Article 45 (6) 9 of the relevant Act on criminal facts, Articles 45 (6) 9 and 24 (1) of the Sanitary Control of Livestock Products Act and choice of imprisonment with labor;

1. It is ordered as ordered in consideration of the size of facilities, business period and size of sales of livestock product-sellers operated by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the circumstances after the crime was committed (at present, even after the defendant continued to engage in livestock products sales business without reporting even after it was controlled on April 20, 2016), the attitude of the defendant's reflectiveness and criminal records (no criminal punishment record exists), and other conditions of sentencing specified in records and pleadings.

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