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(영문) 창원지방법원 밀양지원 2017.05.25 2017고단50
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who manufactures and sells frying and cutting original meat in the process of operating the meat packaging business chain “C” in sealed frying and selling.

No one shall indicate or advertise the names, manufacturing methods, ingredients, dietitians, raw materials, use, quality, and packaging of livestock products with any false content on the date of manufacture, distribution period, date of disturbance, date of distribution, and other date of manufacture or distribution.

Nevertheless, on November 1, 2015, when the distribution period of the original meat, which the Defendant entrusted to the store located in Ulsan-gun, Ulsan-gun, was expired or it was imminent, the Defendant arbitrarily changed the “manufacturing date and distribution period” of the original meat for the purpose of sale, and then, on December 14, 2016, indicated the date and distribution period different from the fact on the original meat of 500 stuffs (total weight 10,000 gg, cost 56,250,000) by removing the Stick on the original meat package, from the original meat of 500 stuffs (total weight 10,00 g, cost 56,250,00 won).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to each investigation report (No. 9,10 No. 10);

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 sentencing conditions indicated in the records, such as the date of production and circulation of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the amount of livestock products with no record of prior punishment, the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the facts constituting the sentencing conditions indicated in the records.

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