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(영문) 광주지방법원 2013.10.30 2013고단4133
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 is engaged in food manufacturing, processing and meat sales business with the trade name “C” in Gwangju Mine-gu B.

A person who intends to engage in meat sales business (sale business by-products), without reporting to the competent authority, should be equipped with the facility and report to the competent authority. However, from March 8, 2012 to May 28, 2013, the Defendant clean up the internal organs of pigs by-products, etc. from around March 8, 2012, and sold 39 tons of the market price to E who operates a restaurant at the Suwon City, selling 39 tons of the by-products of pigs, the market price of which is equivalent to 840,000 won, and selling 1.4 tons of the internal organs, the market price of which is equivalent to 3,50,000 won, to G who operates F at the Jeonnam-gun, and sold 1.5 tons of the by-products, etc. at the market price of 3,500,000 won, to many unspecified merchants, including I, and engaged in meat sales business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of the business registration certificate, a copy of the business registration certificate, a list of customers, the director of the shipping office, and the director of each customer;

1. The application of Acts and subordinate statutes, such as by-products, photographs, and photographs kept in freezing and stored;

1. Relevant Articles 45 (4) 9 and 24 (1) of the Livestock Products Sanitary Control Act for facts constituting an offense;

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

1. It is recognized that the sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that meat or meat by-products sold by the Defendant without reporting are not many, and that the Defendant was keeping a considerable amount of meat or meat by-products for sale at the time of crackdown.

However, at the time of the commission of the instant case, the Defendant had lawfully engaged in the meat product manufacturing business. Although the Defendant did not report, it appears that he had been equipped with sufficient facilities to store or sell meat or by-products in a sanitary manner, and therefore, the Defendant did not report.

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