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(영문) 수원지방법원 안산지원 2015.02.11 2014고정1717
축산물위생관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

1. The defendant A is the head of the branch office of the corporation B, which is located in C at the time of Si interest, who operates and manages the above B.

A livestock product sales business operator shall indicate livestock products, the expiration date of which has elapsed as "dispactage" and keep them in a certain area inside a cooling place, freezing warehouse, or facility.

Nevertheless, at around 15:20 on July 24, 2014, the Defendant, on the freezing warehouse of the above B, stored 27kg of frozen beef for which the period of circulation has exceeded 69 days to 96 days, without indicating from 27.41km and 133 days to 138 days, as “waste disposal,” and without distinguishing it from other livestock products for which the period of circulation has not elapsed.

Accordingly, the defendant violated the rules of business operators.

2. Defendant B is a corporation that sells livestock products.

The Defendant, as the head of the Defendant’s branch, did not indicate the livestock products, the distribution period of which has expired as “disuse,” at the time and place specified in paragraph (1) with regard to the Defendant’s business, but did not distinguish them from other livestock products with which the distribution period has not lapsed, and thereby committed a violation of the rules

Summary of Evidence

1. Defendants’ respective legal statements

1. Witnesses D and E's respective legal statements;

1. A criminal investigation report (including attached documents);

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 45(2)11 and Article 31(2)4 of the former Livestock Products Sanitary Control Act (wholly amended by Act No. 12672, May 21, 2014); Defendant B who is selected as a fine: Article 46 of the Livestock Products Sanitary Control Act; Articles 45(2)11 and 31(2)4 of the former Livestock Products Sanitary Control Act (wholly amended by Act No. 12672, May 21, 2014)

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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