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(영문) 제주지방법원 2013.07.25 2013고단726
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of raising pigs in the name of “D farm” in Jeju City. The slaughter, treatment, etc. of livestock shall be conducted at a place of work permitted by the competent authority, and no livestock product without a mark of inspection passed by an inspector shall be sold.

Nevertheless, around January 12, 2013, the Defendant slaughtered three pigs using pipes, etc. at the above D farm, which was not a permitted place of work, and sold them to E.

In addition, the Defendant, from the above date to May 25, 2013, slaughtered 82 pigs as indicated in the annexed list of crimes and sold them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, I, and J;

1. Application of Acts and subordinate statutes to each investigation report, records of seizure and list of seizure;

1. Relevant statutory provisions for facts constituting an offense, Articles 45 (1) 1, 7 (1) of the Livestock Products Sanitary Control Act ( points of slaughter at an unauthorized place of work), Articles 45 (1) 7, 33 (1) of the Livestock Products Sanitary Control Act ( points of sale of livestock products without marks of inspection), and selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i.e., the confession of the defendant and reflects his depth; the background leading to the crime of this case; the profits gained by the defendant as a result of the crime of this case; and

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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