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(영문) 대전지방법원 공주지원 2017.12.01 2017고단318
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 slaughter and treatment of livestock, collection of livestock, and processing, packaging and storage of livestock products shall be conducted at a place of work permitted by the Mayor/Do Governor.

Nevertheless, at around 14:30 on July 25, 2017, the Defendant, operated by the Defendant in Cheongyang-gun B, Cheongyang-gun, Chungcheongnam-gun, without obtaining permission from the Mayor/Do Governor, slaughtered and disposed of 110,000 won from C, a purchaser of earth and sand, and sold the said C, etc., which was not a place of business permitted from September 25, 2012 to July 25, 2017, and was not a place of business permitted from around 2017, but a place of business of the said Defendant, which was not a place of business permitted from around 14:30 on the part of Cheongyang-gun, Cheongyang-gun, Cheongyang-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Each investigation report (referring to the filing of data received from sales and orders of earth and sand chickens, verification on the scene of slaughter and disposal of chickens, on-site verification of suspect chickens farms, file of field photographs, and telephone conversations for C purchased earth and sand chickenss);

1. Data on sales of earth and sand chickens on July 22, 2017, and a written confirmation on July 26, 2017;

1. Application of Acts and subordinate statutes on site photographs of a chill density, field photographs of a stable, and on-site photographs;

1. Relevant Article 45 (1) 1 and 7 (1) of the Sanitary Control of Livestock Products that are subject to criminal facts, and Articles 45 (1) 1 and 7 (1) of the Health Control Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant continued to slaughter without permission for a long time, and requires strict punishment.

However, the defendant shall be selected by a fine in consideration of the fact that he/she is confessioned as a first offender, is in depth, and is seen as a living penalty.

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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