(영문) 의정부지방법원 2015.7.7선고 2015고단597 판결

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Cases

Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

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글꼴

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굵기

줄 간격

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(영문) 의정부지방법원 2015.7.7선고 2015고단597 판결

가.축산물위생관리법위반나.농수산물의원산지표시에관한법률위반

Cases

2015 Highest 597(a) Violation of Livestock Products Sanitary Control Act

(b) Violation of the Act on Origin Labeling of Agricultural and Fishery Products;

Defendant

1.(a) A

2.(a) B

Prosecutor

Kim Jong-American (Court of Second Instance), and the financial resources for bareboat (Court of Second Instance)

Defense Counsel

C Law Firm

Attorney D (for all the defendants, Counsel for the defendant)

Imposition of Judgment

July 7, 2015

Text

Defendant A shall be punished by imprisonment for two years, and imprisonment for one year and six months, respectively.

However, the execution of the above punishment shall be suspended for three years for Defendant A, and for two years for Defendant B from the date this judgment became final and conclusive.

To Defendant A, 160 hours of social service and 120 hours of social service shall be ordered respectively to Defendant B.

Reasons

Criminal History Office

Defendant A is the president of the “E” who is the meat processing, storage, and processing company, and Defendant B is the director of the said “E” and the above company is jointly operated as the director of the said “E.”

1. No livestock products, the distribution period of which expires in violation of the Livestock Products Sanitary Control Act, shall be sold, nor disposed of, processed, packaged, used, imported, stored, transported or displayed for sale;

Nevertheless, on October 1, 2013, the Defendants conspired to cut off “E” from the workplace of Macheon City F, G et al., employees, etc. to cut off the circulation period of 20 km from November 26, 2012, and then sold 50-200g of the bones of the Oralnes to a restaurant located in H from the above date to January 22, 2015, and then sold 26,748 (6 g, total 16 g, 160,48 g, total 60 g, 601,457,598 won in total from the above date and time to the end of January 22, 2015.

Accordingly, the Defendants conspired to sell livestock products with the expiration of the distribution period.

2. A person who produces, processes and ships agricultural and fishery products or the processed products thereof in violation of the Act on Origin Labeling of Agricultural and Fishery Products, or stores and displays them for the purpose of sale or sale shall place a mark of origin on the raw materials of agricultural and fishery products and the processed products thereof, and shall not place a false mark of origin or place a mark likely to cause confusion therewith;

Nevertheless, around June 16, 2014, at the workplace of the above "E", the Defendants conspired to separate 24 km from the above date to the end of the same month in order to use 3,408 km-in cloral processed products in the process of cutting cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral cloral clor clor clor clor clor clor clor clor clor clor cl.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. Each legal statement of witness M, N and G;

1. Second prosecutor's protocol of examination of the defendant A;

1. Each police suspect interrogation protocol of N or G;

1. Statement of each police officer made to 0 and M;

1. Arrangements of the visual closures and photographs (distribution time limit);

1. Arrangements of video closures and photographs;

1. Two video CDs to be submitted;

1. Belgium with the expiration of the distribution period;

1. A CD (storage a CD);

1. Detailed statement of transactions (J-E);

1. Photographs (in addition to sales data of the customer);

1. A report on manufacturing items;

[Defendant A and his defense counsel asserted that the processed egg products at the expiration of the circulation period are merely about 6,00 dunes, unlike criminal facts. However, M in charge of manufacturing the processed egg products at the “E” workplace, i.e., the following circumstances that may be recognized by each of the above evidence, etc., i., (i) 3 p.e., the police investigation (18 pages of investigation records) on the quantity of the bones at the time when the circulation period has expired, and 2 p.m. in this court, he stated 3 p.m. as 50g or 200 dunes. In light of the fact that it would be possible to make 26,748 dunes, as well as 26,748 duness. (ii) The above argument was made with respect to the quantity of the bones processed products at the time when the circulation period has expired, and 197 dunes A and dunes A, with respect to which the above evidence was sold.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendants: Articles 45(1)7 and 33(1)8 of the Livestock Products Sanitary Control Act; Article 30 of the Criminal Act (the point of sale of livestock products after the expiration of the distribution period); Articles 14 and 6(1)3 of the Act on Origin Labeling of Agricultural and Fishery Products; Article 30 of the Criminal Act (the point of false indication of origin) and each sentence of imprisonment;

○ Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

○ Defendants: Article 62(1) of the Criminal Act

1. Social service order;

○ Defendants: Article 62-2 of the Criminal Act

Reasons for sentencing

1. Defendant A

○ 1 Crime (Violation of Livestock Products Sanitary Control Act)

[Scope of Recommendation] Aggravation of Category 2 (Manufacture, etc. of Harmful Foods, Drugs, Cosmetics, etc.) (2 year to June 5)

[Special Person] The retail price of foods, etc. is not less than 100 million won

○ Second Crimes (Violation of the Act on Origin Labeling of Agricultural and Fishery Products)

[Scope of Recommendation] Reduction Areas of Type 2 (General Types) (4-1 year)

[Special Convicts] Where the degree of violation of the law is not heavy, such as selling, etc., a mixture of things other than refined things.

○ The scope of final sentence due to the aggravation of multiple offenses: From June to June of two years;

○ Determination of Sentence: Imprisonment for two years and three years under suspended execution (the quality of the crime is inferior, such as the sales period and sales amount of the processed products of the bones, the defendant takes a leading role, etc., but there is no record of criminal punishment; the quantity of the processed products of the bones and bones which has been mixed with that of the defendant; the amount of unjust enrichment actually acquired by the defendant is not relatively large; the amount of unjust enrichment actually acquired by the defendant is not significantly harmful to human body or is not causing injury; the processed products of the bones and bones are imposed a penalty surcharge of KRW 11.4 million by administrative disposition; the payment of the processed products of the processed products of the bones and bones seems to have been sufficiently given the opportunity for self-esteem through detention life for the five months; the fact that the management of the company in good faith seems to have been carried out; the defendant's age, character, family environment, etc. is considered as follows).

2. Defendant B

○ 1 Crime (Violation of Livestock Products Sanitary Control Act)

[Scope of Recommendation] Types 2 (Manufacture, etc. of Harmful Foods, Drugs, Cosmetics) / Basic Field (1 year to 6 months) (1 year to 3 years) (1 year to 1 year to 1 year), an employment relationship or a relationship under an occupational instruction / Cases where the retail price of harmful foods, etc. is at least KRW 100 million

○ Second Crimes (Violation of the Act on Origin Labeling of Agricultural and Fishery Products)

[Scope of Recommendation] Special Mitigation Zone 2 (General Types)(2)(2)(2)

[Special mitigated] Where a person takes part in a crime in an employment relationship or a relation subject to an order on duty, such as selling, etc., a mixture of things other than authentic things and things, and the degree of violation of the law is not excessive.

○ The scope of final sentence due to the aggravation of multiple offenses: one year and six months from six months to six months;

The decision of sentence of ○: One year and six months of imprisonment, and two years of suspended execution [other previous crimes except that of three months of suspended execution due to the crime of obstruction of performance of official duties in 2013]; Defendant A’s order to take part in the crime of this case; Defendant A’s order to take part in the crime of this case; Defendant A’s living in custody for five months; Defendant’s age, character and conduct, family environment, etc.; and other consideration of Defendant’s age, character, family environment, etc.];