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(영문) 광주지방법원 2013.10.02 2013노1631
축산물위생관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession of facts constituting a crime; (b) the National Police Agency, as in this case, excluded the control in principle with respect to the gambling by small businesses in traditional markets; (c) although it is recognized that the defendant slaughters and treats chickens without obtaining permission for the slaughter of livestock without any specific sanitary facilities; (d) there is a need to punish the defendant; and (e) Article 7(1)3 of the Livestock Products Management Act provides that the case where the defendant slaughters and disposes of livestock for direct cooking and selling to consumers; and (e) the purpose of this case is to utilize the above provisions in the City Y or remote areas; and (e) the defendant committed the crime in this case even though he had the history of being punished five times a fine for the same crime; and (e) other various sentencing conditions specified in the records and arguments.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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. 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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