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(영문) 의정부지방법원 2013.08.01 2013고단1713
축산물위생관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall sell livestock products, the expiration date marked on the relevant livestock products, or treat, process, pack, use, store, or display them for sale, and no livestock product processing business operator shall report, in advance, to the Mayor/Do Governor, etc. who has granted a business license, the name of the relevant livestock products, weight storage method and distribution period when converting

Nevertheless, while operating the livestock product processing business "E" in Namyang-si, Nam-si, the Defendant, from February 24, 2012 to April 16, 2013, she stored in frozen meat processing room without reporting to the Mayor/Do governor, etc. upon the expiration of the expiration of the distribution period of the raw chickens supplied by the nat, etc. from the said nat processing room, and stored the said nat in freezing, and then processed the nat, and sold approximately KRW 1600 to 1,600 mari per 1,600 mari for the instant nat to F and G (total of KRW 56 million to KRW 67 million).

Summary of Evidence

1. Defendant's legal statement;

1. E on-site documentary evidence photographs and H on-site documentary evidence photographs;

1. Detailed lists of transactions and the head of sales office by customer;

1. Application of Acts and subordinate statutes to investigation reports (control and arrest situations);

1. Relevant Articles 45 (1) 7 and 33 (1) 8 (the point of selling livestock products, choice of imprisonment) of the Livestock Products Sanitary Control Act for criminal facts and Articles 45 (2) 11 and 31 (2) 4 of the Livestock Products Sanitary Control Act (the point of violating the code of practice and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant is against his/her gender, the criminal defendant does not have the same criminal record, and the criminal defendant does not have any net profit earned from the crime of this case);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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