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(영문) 대전지방법원 2018.12.13 2018고단3675
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 13, 2015, the Defendant issued a summary order of KRW 300,000 as a fine for a violation of the Sanitary Control of Livestock Products Act at the Daejeon District Court on November 21, 2016, KRW 500,000 as a fine for the same crime in the same court on November 21, 2016, and KRW 3 million as a fine in the same court on November 21, 2017.

[Criminal facts] The Defendant is a person who engages in meat sales business under the trade name of "C" in Daejeon Seo-gu, Daejeon.

Although the slaughter and treatment of livestock, collection of milk, and processing, packaging, and storage of livestock products must be conducted at a place of work permitted pursuant to Article 22(1) of the Livestock Products Sanitary Control Act, the Defendant, from November 22, 2017 to June 8, 2018, slaughtered and treated the 15-math of the average daily 15 malcin without obtaining permission from the competent authorities, and sold it to many unspecified customers with 15,000 won per annum.

Accordingly, the Defendant slaughtered and treated livestock at a place other than the permitted place of work.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Accusation against a business establishment violating the Sanitary Control of Livestock Products Act;

1. On-site photographs;

1. A report on investigation;

1. Application of Acts and subordinate statutes to summary orders and inquiry results;

1. Article 45 (1) 1 and Article 7 (1) of the Sanitary Control of Livestock Products Act concerning facts constituting an offense, the selection of punishment for imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act committed the instant crime once again even though the Defendant had been punished three times for the same crime, considering the period, content, etc. of the instant crime, the Defendant’s criminal liability is unlimited if considered, but it seems that the Defendant, a small-scale merchant who sells the chickens in the market, appears to have a little difficulty in slaughter and treatment of the chickens at the permitted workplace, the Defendant’s confession is against the Defendant, and the Defendant has no criminal record, as well as the fine, shall be determined as the order by taking into account the following circumstances:

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