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(영문) 서울중앙지방법원 2015.04.02 2014고단4199 (1)
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

C is a person who is engaged in livestock product processing business under the trade name of "E" from the Gwanak-gu in Seoul Special Metropolitan City D 4, and the defendant is a business management director of E.

1. A person who intends to operate a livestock product processing business shall obtain permission from the competent authority for each place of work, and shall not process, pack or store livestock products at a place other than the permitted place of work;

The Defendant, in collusion with C, set up an unauthorized workplace of approximately four square meters equipped with facilities, such as one cooling machine, one charnel machine, two work teams, one large freezing machine, and one for good faith in Gwanak-gu in Seoul Special Metropolitan City, and processed imported beef, etc. from March 1, 2013 to November 14, 2013, with the permission of approximately four square meters.

2. No livestock products whose expiration date marked on the livestock products shall be sold, or treated, processed, packaged, used, imported, stored, transported or displayed for sale;

At around 11:00 on November 14, 2013, the Defendant, in collusion with C, kept 600 grams of the United States Forest Bags, marked as of August 7, 2013 until the expiration date of distribution in the above E warehouse, for the purpose of selling 15 factorings.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. E-sale account books;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 45(1)7 and Article 33(1)8 of the former Livestock Products Sanitary Control Act (amended by Act No. 11985, Jul. 30, 2013; Act No. 11985, Jul. 31, 2014); Articles 30, 45(2)4 and 7(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 45(2)4 and 7(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 30 of the Criminal Act; each choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Code under the suspended sentence is that the accused is against the confession of the crime, that there is no other criminal records subject to punishment once as a fine, and that there is no business size and scale of E.

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