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(영문) 수원지방법원 성남지원 2015.05.15 2014고단3002

식품위생법위반등

Text

A defendant shall be punished by imprisonment for six 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

1. From May 22, 2014 to August 25, 2014, the Defendant violated the Food Sanitation Act: (a) from a restaurant in the name of “D” located in Hanam-si, to a competent authority without reporting to the competent authority; (b) the Defendant provided a general restaurant business with facilities such as a water pipe, a water tank, a water tank, a gas park, a tabler, a chair, etc., with an average of three million won per month by selling a sugar, a fish club, etc.

2. No building, alteration of use of a building, installation of a structure, etc. shall be allowed in a development restriction zone that violates the Act on Special Measures for Designation and Management of Development Restriction Zones without permission from the competent authority

Nevertheless, the Defendant, without permission from the competent authority on April 2012, designated as each development-restricted zone on the part of the above restaurant for the purpose of profit-making, laid a steel pipe in the area of 42 square meters prior to Hanam-si, E, with a cover covering on the ceiling, newly constructed a guest room in the same manner as 135 square meters of F forest land, newly constructed a freezing warehouse in the size of 6 square meters of the board structure before E, newly constructed a 12 square meters of the board structure, and changed the form and quality by using the F forest as a parking lot in the size of 360 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A written investigation of violation and a summary ground plan;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article applicable to facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the same Act, Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (unauthorized Alteration of Form and Quality within Development Restriction Zones): Selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (the point where reinstatement is completed and the serious reflection is made);

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the same record of being fined several times for the same kind of crime.