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(영문) 대구지방법원 2016.03.11 2015고정2634
축산물위생관리법위반
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. In the facts charged, the Defendant obtained permission for livestock products storage business from Daegu North Korea Office as a D manager of the “Couribane Babur,” the head office of the business.

A livestock product storage business operator shall keep livestock products, the expiration date of which is indicated as "waste disposal" in a certain area within the cooling and freezing facilities.

On September 18, 2015, the Defendant: (a) around 11:15, 2015, without indicating the “dispatation” in the above Churbane (D), and without distinguishing the instant livestock products from the business operators to the extent that the Defendant violated the rules of compliance by classifying the business operators, 2.1kg, and 15g of the Churbane (in December 18, 2014, until August 1, 2015, the distribution deadline of which is the livestock products).

2. In summary of the facts charged in the instant case, the Defendant kept the instant livestock products, the distribution period of which expired, ① without indicating “for disposal”, and ② without distinguishing them from normal products.

First of all, even when a statement is made by a witness E, an official of the control police officer, the normal livestock products for which the distribution deadline has not yet lapsed, have been stored behind the freezing while the livestock products of this case were separately stored in a separate stuff at the entrance of the freezing and inside.

However, since the police officer was mixed with the gambling separately collected by the above police officer, the defendant stored livestock products without distinction from normal products because the time limit for distribution has elapsed.

The decision was determined.

However, according to the defendant's statement in this court, the witness F's statement in this court, etc., if there is any defect in any product, such as returned or deteriorated, even if the distribution deadline has not elapsed, the defendant has passed to destroy the product.

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