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(영문) 대구지방법원 2013.08.22 2013고정1769
축산물위생관리법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who engages in livestock products sales business under the trade name of D Company in Daegu Northern-gu C.

1. Anyone who intends to sell livestock products shall install facilities in accordance with the Livestock Products Sanitary Control Act and report thereon to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

Nevertheless, the Defendant leased a commercial building of approximately 99 square meters in Daegu Northern-gu C from March 201 to April 11, 2013 without reporting to the head of the North Korean office in Daegu-gu, Daegu-gu, and installed two freezings, two books, two water supply facilities, etc. at the same time, and sold a freezing coo in an amount equivalent to an average of KRW 192,00 per day to the street keepers who found the Defendant’s place of business, in total amount of KRW 70,080,000 per day.

2. No person shall sell livestock products, the expiration date marked on which has passed, or treat, process, pack, use, import, store, transport or display such products for sale;

Nevertheless, around April 11, 2013, the Defendant kept 6 chills (120 water) for sale at the place specified in paragraph (1) at the lower court’s order on July 23, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (in the presence of a suspect's written confirmation and attachment of a business account book and a photograph of details of transactions);

1. Relevant statutory provisions for facts constituting an offense, Articles 45 (4) 9, 24 (1) (the point of business not reported, the choice of fines) of the Livestock Products Sanitary Control Act, Articles 45 (1) 7 and 33 (1) 8 of the Livestock Products Sanitary Control Act (the point of storage of livestock products after the deadline for distribution, and the selection of fines);

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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