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(영문) 전주지방법원 정읍지원 2018.11.20 2018고정79
축산물위생관리법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The slaughter and treatment of livestock shall be conducted at the place of work for which slaughter business is permitted.

From January 1, 2009 to March 9, 2018, the Defendant slaughtered and disposed of livestock at a place other than the permitted place of business, such as slaughter of the chickens raised by himself/herself against many unspecified customers who find such place in the vicinity of the access road in C, which was operated by himself/herself, and raising the monthly income of KRW 200,000,000, in a place other than the permitted place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. A written confirmation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (calculated sales amount);

1. Article 45 (1) 1 and Article 7 (1) of the Sanitary Control of Livestock Products Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the purport of the Livestock Products Sanitary Control Act that intends to contribute to the sound development of the livestock industry and the improvement of public hygiene by prescribing matters necessary for the sanitary management of livestock products for the sentencing of Article 334(1) of the Criminal Procedure Act, and the processing, distribution, and inspection of livestock products in order to promote the improvement of the quality thereof, and the relevant provisions that prohibit slaughter and disposal of livestock at a place, other than the permitted place of work, and severely punish the violation by imprisonment for not more than 10 years or a fine not exceeding 100 million won, the crime of this case is not easy, and the number and sales of the chickens illegally slaughtered without the short term of the period of the defendant's crime are not sufficient in that the crime of this case is not likely to be committed.

However, the crime of this case is a sale of 10 marith of the month against the private guests, etc. while engaging in gambling business in the yellow banks created by the defendant for the health of her husband who suffered from cancer.

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