Livestock products with partial recognition for a violation of Livestock Products Sanitary Control Act 2015 highest 1227

In violation of the Sanitary Control Act, indication of the origin of agricultural and fishery products

Violation of law

○○ Kim (1980s) (1980s), self-employed

Park Jae-chul, and the head of a Si/Gun/Gu shall hold a public trial.

Attorney Kwon Jin-jin

Attorney Kang Jin-hun, Attorney Jin-hun

October 30, 2015

Defendant shall be punished by imprisonment for a year and six months and by a fine of KRW 7,000,00.

When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Seized evidence 1 to 7 shall be forfeited from the defendant.

Criminal facts

1. Violation of Livestock Products Sanitary Control Act;

(a) No person shall indicate differently from the facts in the names, manufacturing methods, ingredients, dietitians, raw materials, uses, quality and packaging of livestock products;

Nevertheless, from January 1, 2014 to September 201 of the same year, the Defendant removed the mark of the date of manufacture of livestock products equivalent to 20 tons in total, such as the Korea-China tree in the market value of 41,196,000 won and attached a new date of manufacture as if the distribution period has not elapsed.

(b) No person shall sell or process, pack, use, import, store, transport or display livestock products, the expiration date marked on the livestock products in question, with the intention of sale.

Nevertheless, the Defendant:

1) From January 1, 2014 to October 1 of the same year, the livestock products of approximately KRW 800 g, the sum of market prices with a new manufacturing date after the expiration of the distribution period, as described in the above paragraph (a), are sold to B general restaurants in the operation of the Defendant at the Jeju.

2) On March 23, 2015, at the C livestock department store operated by the Defendant at Jeju on March 23, 2015, the distribution period of which was January 19, 2015, sold 3.14 km in the thickness of 1,640 won to the said B general restaurants, and thereafter sold a total of 26 km livestock products, the distribution period of which was 3,322,910 won in total, as indicated in the list of crimes in the attached Table, from that time until July 18, 2015.

(c) Any person who intends to store livestock products shall do so at a place of work permitted by the competent authorities;

Nevertheless, from March 23, 2015 to August 10 of the same year, the Defendant stored livestock products with a total amount of 17.7 tons, including Korea-style milk amounting to 351,607,860 won, in freezing or refrigerating, for the purpose of supplying them to livestock products processing business operators operated by the Defendant without obtaining permission from the competent authorities, from the freezing warehouse from around August 23, 2015.

2. Violation of the Act on Origin Labeling of Agricultural and Fishery Products;

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication that may cause confusion therewith.

Nevertheless, from March 31, 2015 to June 26, 2015 of the same year, the Defendant: (a) mixed the instant B general restaurant with the expenses of oriental delivery in Korea; and (b) prepared the said expenses at the expense of the care of the parties, and sold the said restaurant to customers who find it out; and (c) indicated the indication column of the place of origin in the said restaurant as a domestic product.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article and the choice of punishment for facts constituting an offense: Articles 45 (3) and 32 of the Livestock Products Sanitary Control Act;

Paragraph 1 (False Indication of Distribution Period, Selection of Imprisonment), Article 45(1)7 of the Livestock Products Sanitary Control Act

HS, Article 33(1)8 (the point of sale of livestock products, the expiration of the circulation period, the choice of imprisonment), livestock products

Articles 45(4)4 and 7(1) of the Sanitary Control Act (the storage of livestock products at an unauthorized place of work)

Article 15 and Article 6(2)1 of the Act on Origin Labeling of Agricultural and Fishery Products

(in addition to the false indication of origin, imprisonment and fine)

1. Concurrent crimes: the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Confiscation: Article 48 (1) 1 of the Criminal Act;

Reasons for sentencing

The crime of this case is highly likely to be punished as a crime involving food that may directly threaten the health of the general public. Furthermore, even if the Defendant was subject to suspension of business by committing the same kind of crime on or around December 2013, and the livestock products for which the expiration of the circulation period were legally discarded, it continues to commit each of the crimes of this case, and its period is shorter, and the violation amount is considerable.1) Furthermore, even if the Defendant sells livestock products he/she packages to his/her restaurant and handles livestock products for which the expiration of the distribution period, etc., and carried out business on a considerable scale, it can be said that the Defendant’s trust was less than that of the customers, even if he/she was sentenced to a fine, and even if he/she did not take into account the aforementioned violations, it cannot be said that the Defendant’s new health care companies, such as livestock products and livestock products, which are directly operated by him/her, have been subject to punishment due to the above violations of Acts and subordinate statutes, and thus, it cannot be said that there is no need to take into account the following circumstances to regulate the Defendant’s’s health and hygiene.

[Sentencing Criteria]

○ Group 1 Crimes

Type 2 (Manufacture, etc. of Harmful Foods, Drugs, Cosmetics, etc.) (Harmful Foods, etc.) shall be the basic area (one year to six months) of the Food and Health Crime Group.

○ Second Crimes

Food and Public Health Crime Group

○ 3 Crime

False Indication (Violation of the Act on Origin Labeling of Agricultural and Fishery Products) for Food and Health Crimes Group 2

* In respect of the violation of the Livestock Products Sanitary Control Act with respect to the storage of livestock products at an unauthorized workplace, the sentencing guidelines are not set.

* The scope of final sentence due to the aggravation of multiple offenses: 1 year and six months to four years and eight months;

Parts of innocence

1. Summary of the primary facts charged (Article 1-1 (C));

Any person who intends to operate a livestock product storage business shall obtain permission from the competent authority for each place of work.

Nevertheless, from March 23, 2015 to August 10 of the same year, the Defendant stored livestock products with a total amount of 17.7 tons, including Korea-style milk amounting to 351,607,860 won, in freezing or refrigerating, for the purpose of supplying them to livestock products processing business operators operated by the Defendant without obtaining permission from the competent authorities, from the freezing warehouse from around August 23, 2015.

2. Determination,

According to Article 21 of the Enforcement Decree of the Livestock Products Sanitary Control Act, the term "livestock products storage business" in Article 21, Paragraph 1, Item 5 of the same Act refers to the freezing and refrigerating business that keeps livestock products by melting or washing them, except where a livestock products processing business or meat packaging business operator stores livestock products for the purpose of using them as a raw material for products.

According to the above evidence, the defendant seems to have stored livestock products for the business after obtaining permission for meat packaging business with the trade name called A and C department stores, and even according to the evidence submitted by the prosecutor, it is insufficient to recognize that the defendant engaged in the livestock products storage business as stipulated in the above legal provisions, and there is no other sufficient evidence.

3. Conclusion

Thus, since this part of the facts charged constitutes a case where there is no proof of crime, it should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found guilty of the ancillary facts charged with the storage of livestock products in an unauthorized workplace, it shall not be

It is so decided as per Disposition for the above reasons.

Kim Jong-min

1) When the Defendant acknowledges all the facts charged, the Defendant is found to have considerably unfasible or clerically unfasible quantities, periods, etc. of the offense.

Although it is argued as such, it can not be viewed as a different level of assessment in its scale, even if it is considered as such.