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(영문) 서울서부지방법원 2020.10.22 2020고단617
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for four 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

A person who intends to operate a livestock product sales business shall be equipped with the facilities prescribed by relevant Acts and subordinate statutes and report his/her business to the competent authority. However, the Defendant, without filing a business report, sold beef and pigs worth KRW 100 to 250,000 per monthly average to unspecified customers who find the above business place, on the front side of the road located in Dongdaemun-gu Seoul from July 27, 2019 to June 11, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each written statement of D;

1. Each accusation;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a copy of each detailed statement of transactions, a copy of each certificate of slaughter inspection, and a copy of livestock product rating certificate;

1. Article 45 (6) 9 of the Livestock Products Sanitary Control Act and Articles 24 (1) of the same Act concerning facts constituting an offense and Article 45 (6) of the Act on the Selection of Penalties;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a sale of livestock products in the old store form in the conventional market without reporting on the business, without suspending nine times of the total operating period in spite of having been sentenced to nine times of a fine for the total operating period, and the nature of the crime is not easy. On the other hand, the crime is committed against the defendant's wrong act, and there is no record of other crimes except the records of punishment as a fine for violation of the Livestock Products Management Act, and the punishment is determined as ordered in consideration of the defendant's age, character and conduct, family relationship, economic condition, and circumstances after the crime.

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