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(영문) 인천지방법원 부천지원 2016.12.23 2016고정1488
축산물위생관리법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who runs a place of business of “B”.

A person who intends to operate a livestock product processing business shall obtain permission from the Mayor/Do Governor for each place of business, as prescribed by Ordinance of the Prime Minister, and a person who intends to operate meat packaging business or livestock product storage business shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, from January 2015 to June 21, 2016, the Defendant processed livestock products by cutting imported livestock products (96,617,710 won, approximately 72 tons) for the purpose of subdivided sales without obtaining permission for livestock product processing business at an unauthorized workplace located in Kimpo-si and in the first floor of Kimpo-si.

2. At around 10:50 on June 21, 2016, the Defendant arbitrarily disposed of 680 g of processed livestock products attached at the Defendant’s workplace as stated in paragraph (1) and interfered with the attachment measures of E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of E and F;

1. Relevant photographs;

1. Seizure records;

1. Investigation report (related to the re-examination of a factory without permission on June 24, 2016);

1. Application of the preceding table table related to the purchase of livestock products Acts and subordinate statutes;

1. Article 45 (1) 6, Article 22 (1) of the Livestock Products Sanitary Control Act (unauthorized processing of livestock products), Article 45 (6) 5, and Article 36 (1) 8 of the Livestock Products Sanitary Control Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. After the sentencing of Article 334(1) of the Criminal Procedure Act, the period for which the defendant processed livestock products without obtaining permission has long run, and the amount of livestock products processed during that period is larger, and the fact of processing livestock products without permission has been discovered.

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