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(영문) 대구지방법원 서부지원 2016.09.30 2016고정545
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 engages in the meat sales business, a business that professionally sells meat or packaged meat in the name of “C” in Daegu-gu Month B.

A person who intends to engage in the meat packaging business which is a business that manufactures packaged meat shall obtain permission from the head of a Si/Gun/Gu for each place of work for each Special Self-Governing Province branch.

Nevertheless, the Defendant from January 2016 to the same year.

3. From around 17, the Defendant’s management’s above “C” did not obtain permission from the head of the Seogu Office in Daegu-gu, and had approximately 35 square meters of area equipped with three facilities, such as a cooling house, freezing house, one freezing house, work site, and meat saving machine, and cut the meat by employing four employees, and made a package meat on an average of 100 km per day by sealing and packaging it in a five km plastic container in order to sell it.

Accordingly, the Defendant engaged in meat packaging business without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to confirmation of customers of an enterprise for use, and attachment of photographs taken inside and outside of C);

1. Relevant Article 45 (1) 6 and Article 22 (1) of the Sanitary Control of Livestock Products that are subject to criminal facts, and Articles 45 (1) 6 and 22 (1) of the same Act;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion that meat seller is entitled to sell meat by packaging it without permission for meat packaging business;

2. It should be deemed that, as part of convenience in sales and convenience for customers, meat is allowed to be placed in a certain container and sold on a vinyl, etc. as part of the provision of convenience in sales and convenience to customers (see attached Table 13 [Attachment 13] 3(a)(3) of the Enforcement Rule of the Sanitary Control Act, however, packaging meat is premised on storage and distribution.

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