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(영문) 부산지방법원 2019.03.13 2019고정119
축산물위생관리법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a representative who operates instant meat sales and processing business in Busan East-gu B.

No person shall dispose of, process, pack, use, import, store, transport or display livestock products, the expiration of the distribution deadline, for the purpose of sale.

Nevertheless, the Defendant, on August 1, 2018, stored approximately 1.850 km of livestock products from July 13, 2018 to July 19, 2018, for sale in the air conditioners (e.g., display sites) within the said C place of business.

Accordingly, the Defendant stored livestock products with the expiration of the distribution period for the purpose of sale.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation Report (Business Place Violating the Livestock Products Sanitary Control Act) (No evidence exists to deem any error exists in the indication of the expiration date, and considering the fact that the Defendant stated that he was purchased by the police on June 30, 2018, and that the Defendant has obligation to observe as long as he/she directly stated the expiration date, criminal facts are recognized in light of the application of statutes).

1. Article 45 (1) 7 and Article 33 (1) 8 of the Livestock Products Sanitary Control Act concerning facts constituting an offense, selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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