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(영문) 수원지방법원 2014.10.08 2014고단2676
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

The defendant is a person who operates a livestock product sales business under the trade name of "D" in Mosung City.

No person shall sell livestock products, the expiration date marked on the relevant livestock products, or treat, process, store, etc. such products for sale.

그럼에도 불구하고, 피고인은 2014. 5. 8.경 위 D에서, 유통기한이 2014. 3. 27.까지인 호주산 소전각 31.64kg , 유통기한이 2013. 6. 4.까지인 미국산 돼지갈비 7.2kg , 유통기한이 2013. 4. 6.까지인 뉴질랜드산 우뽈살 10kg , 유통기한이 2014. 4. 8.까지인 국내산 뒷다리 제육 6kg , 유통기한이 2014. 4. 25.부터 2014. 4. 27.까지인 오스트리아산 돼지 삼겹살 178.4kg 상당을 판매할 목적으로 그 곳 냉동창고에 보관하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Application of the Acts and subordinate statutes to the scene of regulation and photographs;

1. Relevant provisions for facts constituting an offense and Articles 45 (1) 7 and 33 (1) 8 of the Livestock Products Sanitary Control Act with respect to the selection of punishment;

1. In light of the legislative intent of relevant Acts to promote the sanitary management of livestock products with the reason of sentencing under Article 62(1) of the Criminal Act and the improvement of their quality, the liability for the crime of this case is not easy.

In particular, the adverse effects on the consumer's trust in food safety can not be disregarded in that the term of distribution has already been over one year or more among the livestock products that the defendant had stored for the purpose of sale.

However, in full view of all the circumstances leading to the instant crime, the progress and progress of the instant crime, the age of the Defendant, occupation and other arguments, including the fact that the Defendant led to the confession and reflect of the instant crime, the fact that the livestock products whose distribution period has expired are not distributed to consumers, and the fact that there was no record of being sentenced to a fine more severe punishment, as well as the fact that the Defendant was punished.

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