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(영문) 대구지방법원 2015.01.30 2014고정2850
축산물위생관리법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a person who operates resting restaurant business, such as sales of chickens in the name of “C” on the first floor of the building underground in Daegu Jung-gu B.

A person who intends to operate a livestock product processing business shall obtain permission from the Mayor/Do Governor for each place of business, as prescribed by Ordinance of the Prime Minister.

Nevertheless, the Defendant, without obtaining a license for livestock product processing business from around December 22, 2006 to July 7, 2014, made a good faith, a processed livestock product of an average of 7 kmg per day, by using the cedembling brine, which was a processed livestock product of an average of 7 km per day, in a way that the Defendant sced the cembling machine at a warehouse and the cemb in the main room provided by employees of the food team of the second underground floor of the building B, with a certain size of the cembs and the cembs together with the cembus in water.

Accordingly, the Defendant run a livestock product processing business without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or the accused;

1. Statement of prosecutorial statement concerning E;

1. Statement of police statement to F and E;

1. A copy of the G statement;

1. Application of Acts and subordinate statutes to report internal history (Attachment of field photographs), seven copies of field photographs, business reports, investigation reports (Attachment of a copy of the contract), store lease contract (A), investigation reports (Attachment ofCCTV, etc.), 13 copies of photographs, and investigation reports (a party investigation in Jung-gu);

1. Articles 45 (1) 6 and 22 (1) of the Sanitary Control of Livestock Products Act applicable to facts constituting an offense;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence provides a confession and reflect on the fact of the crime, and the Defendant paid rent to H, thereby offering H customers with brubed materials by hand at the space designated and provided by H as a workplace, which was not an urgent situation for the Defendant to work in another lawful space. The Defendant raised an accurate problem at an investigative agency.

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