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(영문) 대구지방법원 2014.09.05 2013노2358
축산물위생관리법위반
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. The lower court found the Defendants guilty of the violation of the Livestock Products Management Act due to the sales of unpermitted cattle for slaughter among the facts charged against the Defendants, and sentenced Defendant P to imprisonment for 8 months, suspended execution of 2 years, and fine of 5 million won to Defendant B, respectively, and acquitted Defendant P on the violation of the Livestock Products Management Act due to false livestock product labelling.

As to the judgment of the court below, the defendants appealed on the guilty portion on the ground of erroneous determination of facts and unfair sentencing, and the prosecutor appealed on the grounds of erroneous determination of facts as to the acquittal portion of the defendant P and unfair sentencing as to the guilty portion, and the defendant B did not appeal as to the acquittal portion against the defendant B.

Therefore, the judgment of the court below of this case is divided by the prosecutor's failure to appeal to the defendant B, so the judgment of this court is limited to the guilty portion among the judgment below and the acquittal portion of the defendant P.

2. Summary of grounds for appeal;

A. In relation to the part of the judgment of the court below which acquitted Defendant P, the court below found the Defendant guilty of this part of the charges on the violation of the Livestock Products Sanitary Control Act due to the false marking of the Defendant P, in view of the fact that there is no evidence that the Defendant purchased milch cows and purchased to the extent that it sold, and that the replacement number of the livestock products with respect to the livestock products supplied to J is false, etc., the court below acquitted the Defendant of this part of the charges. The court below erred in the misapprehension of the facts, thereby affecting the conclusion of the judgment. 2) The judgment of the court below is erroneous in the misapprehension of the facts, which affected the conclusion of the judgment.

B. Defendants 1) mistake of facts (the lower court’s judgment on the charge part).

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