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(영문) 광주지방법원 2013.07.18 2013고정1051
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Although the Defendant’s slaughter and treatment of livestock was conducted at the workplace with the permission of the Mayor/Do Governor, the Defendant slaughtered and treated 10 marine and ducks on an average of 10 marine per day by using hairs, hair removal equipment, knife, knife, Doma, etc., without the permission of slaughter and treatment, from April 15, 2009 to March 29, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article of the relevant Act and Articles 45 (1) 1 and 7 (1) of the Livestock Products Sanitary Control Act with respect to facts constituting an offense;

1. According to the evidence adopted and examined by the court for the reason of sentencing under Articles 70 and 69(2) of the Criminal Act (50,000 won a day) by this Court, the defendant was issued a summary order of KRW 500,000 on December 11, 2006, a fine of KRW 1,500,000 on October 2, 2007, and a fine of KRW 3,000,000 on March 27, 2009 (before that date, the defendant was punished by a fine of two times due to the violation of the Processing of Livestock Products Act and the Livestock Products Sanitary Treatment Act). The date following the commencement of the crime of this case became final and conclusive after the defendant received the summary order of KRW 3,00 on March 27, 200 as above.

Meanwhile, as seen earlier, Article 7(1) of the Livestock Products Sanitary Control Act provides that the main text of the Act provides that “the slaughter and treatment of livestock, collection of milk, and processing, packaging, and storage of livestock products shall be conducted at a workplace permitted pursuant to Article 22(1).” However, the proviso to Article 2(3) of the Act provides that “the Mayor/Do Governor shall slaughter and dispose of livestock in an area determined and publicly notified by type of livestock other than cattle, horse, pigs, and sheep, in order for the owner to directly cook and sell them to consumers at the relevant place.”

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