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(영문) 의정부지방법원 2017.11.09 2017고정1984
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a livestock products sales business (sale business of food eggs) under the name of "C" in the two weeks located at two weeks.

No one shall indicate or advertise the names, manufacturing methods, ingredients, dietitians, raw materials, uses and quality of livestock products, packaging of livestock products, and traceability and management of processed livestock products, which are different from the facts, or exaggerated labeling or advertising, and shall indicate any matters different from those reported pursuant to Article 24 of the Sanitary Control of Livestock Products Act.

Nevertheless, the Defendant indicated differently from the fact as “D and E” the seller and the location of the seller of edible eggs to sell edible eggs in the place of business and keep the remainder in the place of business for the purpose of continuous sale, by making a report on the business of collecting and selling edible eggs in the name of the above “C,” and making a false indication of the seller and the location of the seller of edible eggs in the place of business from May 16, 2017 to May 19, 2017, using the labels of “D”, which are other sales business places, from May 16, 2017 to the date of detection.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection, confirmation of violation, field photograph, certification of revenue amount of a tax-free business operator exempted from value-added tax, a copy of the specifications of transactions in the column, and a copy of a receipt for sales

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 45 of the Health Control Act concerning facts constituting an offense, and Articles 45 (3) 2 and 32 (1) 2 of the Health Control Act concerning selective livestock products, and selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the accused recognizes the criminal facts of this case and reflects his/her mistake; and (b) the fact that there is no special criminal history, except for those punished once by a fine due to a violation of the Road Traffic Act around 1997.

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