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(영문) 대구지방법원 2014.11.14 2014고단4780
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence against the defendant for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a livestock product sales business shall be equipped with certain facilities and report to the competent authority.

Nevertheless, on June 22, 2014, the Defendant, without filing a report from around June 22, 2014 to around the 23th of the same month, provided one air conditioning with the trade name “C”, and sold 5,000 c c c c c c.

Accordingly, the defendant did not report and run livestock product sales business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation, statement of public official, written confirmation;

1. Article 45 (4) 9 of the Livestock Products Sanitary Control Act and Article 24 (1) of the same Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing below) of the suspended sentence is as follows: (a) the Defendant continued to commit a crime even when he/she was issued a summary order of KRW 1 million on September 4, 2013; (b) a fine of KRW 1.5 million on May 23, 2014; (c) the Defendant led to the confession of his/her own crime and reflects his/her mistake in depth; (d) the Defendant reported a lawful livestock product sales business in the name of his/her husband; and (e) the Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime; and (e) other various reasons for sentencing as indicated in the instant pleadings, including the circumstances after the crime, etc.

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