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(영문) 의정부지방법원 2017.10.26 2017고정1043
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

The Defendant is a person who operates a dog called “C” in Gui-si B.

Any person who intends to operate slaughter business shall obtain permission for each place of work for each Special Self-Governing Province branch, Si/Gun/Gu, as prescribed by Ordinance of the Prime Minister.

Nevertheless, from January 2016 to February 2, 2017, the Defendant, at “C” which was a slaughterhouse that did not obtain permission from Guri-si B, slaughtered the chickens, etc., which was equipped with the slaughter facilities, such as c, and slaughtered livestock, at the slaughter facilities without permission, such as raising sales equivalent to KRW 5 million per month during the said period.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (a certificate of violation, photographs of the control site, and public officials' statements for viewing), written confirmation of control, written statement, and photographs at the control site;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 45 (1) 1 and 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 Health Control Act, and selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant, while recognizing the instant criminal facts, reflects his/her mistake; and (b) the fact that there is no record of any special criminal punishment except for those punished once by a fine for the violation of the Punishment of Tax Evaders Act in 2012, is recognized as a normal circumstance favorable to the Defendant.

However, in light of the content and method of the crime, etc., the crime of this case where the defendant slaughtered livestock at a slaughterhouse without permission is not less than the nature of the crime in light of the purpose of the Sanitary Control Act for the sanitary control of livestock products and the improvement of their quality. The period of the crime of this case is relatively long, and the term of the crime of this case is a relatively long period, and the general amount of punishment in the same and similar cases is balanced, and the defendant's age, sex, etc. as shown in the argument of this case are committed.

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