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(영문) 수원지방법원 2015.11.27 2014노6963
축산물위생관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) With respect to the slaughter of livestock at an unauthorized place, the Defendant: (a) left the slaughterhouse in a slaughterhouse permitted as the operator of the F farm; (b) did not directly slaughter the black salt in the said farm; and (c) the Defendant did not invite the Defendant, even if he did so in the said farm without permission, even though he did not do so. Furthermore, with respect to the livestock product processing business without permission, the Defendant sold black salt to the customers and provided a service for the costs of creating X-ray in the black salt, and then did not engage in livestock processing business without permission.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination

A. In full view of the following circumstances admitted by the lower court’s judgment as to the assertion on the slaughter of livestock at an unauthorized place and the evidence duly admitted and examined by the court below, the Defendant’s order from “F farm” to slaughter of black salt at B and unauthorized places of work by ordering employees to slaughter of black salt at “F farm” can be acknowledged.

Therefore, this part of the defendant's argument is without merit.

① According to the certificate of slaughter inspection submitted at the investigation stage, around February 27, 2012, at around July 19, 2012, the Defendant confirmed that he/she was slaughtered in S, a slaughterhouse permitted to 25 heads of 5 salt farms around July 20, 2012. However, the Defendant asserted that he/she had no certificate of slaughter inspection upon submitting account transfer details at the investigation stage, but no certificate of slaughter inspection was issued, and the prosecutor charged the said S with black 64 cm based on the Defendant’s account books, statements, etc. at the above farm.

The defendant.

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