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(영문) 부산지방법원 2014.04.16 2014고정331
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operates a livestock processing business establishment called “C” in Busan-gu B.

The Minister of Food and Drug Safety may determine and publicly announce labelling standards for livestock products for sale, and the Minister of Food and Drug Safety shall not sell livestock products or process, pack, store, transport or display them for sale, unless the labelling standards meeting the labelling standards for livestock products are met.

In addition, livestock products, the expiration date indicated on the relevant livestock products shall not be sold, or treated, processed, packaged, used, imported, stored, transported, or displayed for the purpose of sale.

Nevertheless, at around 16:00 on September 10, 2013, the Defendant voluntarily removed labeling, except the product name of the “duburg powder” as a processed livestock product, and stored products for sale with the purpose of selling 100 km. The Defendant kept 187.15 km of raw material land, the distribution period of which has elapsed for sale.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. Application of evidence photographs and evidence collection statute;

1. Relevant statutory provisions for facts constituting an offense, Articles 45 (4) 2 and 6 (3) of the Livestock Products Sanitary Control Act (referring to storing processed livestock products without any indication in accordance with the labelling Criteria), Articles 45 (1) 7 and 33 (1) 8 (referring to storing livestock products after the expiration of the distribution period) of the Livestock Products Sanitary Control Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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