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(영문) 수원지방법원 2016.04.20 2016고정185
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The livestock products with the standards for labeling shall be marked in compliance with such standards, and the term "distribution deadline" means the period during which sales are allowed to consumers from the date of manufacture of the products.

Nevertheless, around August 18, 2015, the Defendant cut the Defendant’s date of production at his/her workplace operated by the Defendant himself/herself, using stekes Nos. 1,515kg of the bones of Denmark, “Fish 18 April 2015,” and then re-sealed it to stebs, and expressed the distribution deadline as 24 months from “ August 2015,” which was the date when the Defendant cut off the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of places of business violating the Sanitary Control of Livestock Products Act;

1. Application of Acts and subordinate statutes governing field photographs;

1. Relevant Article 45 (6) 1 and Article 6 (2) of the Sanitary Control of Livestock Products that are subject to criminal facts, and Articles 45 (6) 1 and 6 (2) of the same Act (Selection of a punishment penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. From January 4, 2014 to August 18, 2015, the Defendant, without obtaining permission from the competent authorities, cut the bones of imported swine using cathers in a place of business recorded in the facts of crime, and then sold them in cathers, etc. and carried out meat packaging business without permission.

2. In order for the Defendant to cut livestock products and re-Packing, the judgment prosecutor prosecuted the Defendant on the ground that he/she should obtain permission for meat packaging business in addition to the report on livestock product sales business.

Article 21 subparag. 7-A of the Enforcement Decree of the Sanitary Control of Livestock Products Act provides that “the business of professionally selling meat or packaged meat (including the business of cutting or dividing spawal meat)”, one of the livestock product sales business, shall be construed as “the business of selling meat or packaged meat,” and Article 21 subparag. 7-1 of the Enforcement Decree of the Sanitary Control of Livestock Products Act [Attachment 13] subparag. 3-1 of the Enforcement Rule of the Sanitary Control Act.

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