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(영문) 부산지방법원 2016.12.23 2016고정3617

식품위생법위반등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who operates a package in the D Seaside located in Busan Young-gu, with the trade name "E".

1. Any person who violates the Food Sanitation Act shall, when he/she intends to cook and sell foodstuffs, report the business thereof to the competent Gu office;

Nevertheless, the Defendant did not report to the jurisdiction of the Young-gu Office and from February 25, 2016 to the same year.

9. Until August 8, 200, a general restaurant was engaged in general restaurant business by putting down hack pipe steel and tent over the surface of the above location, installing cooking facilities, such as 10 tables, gas sirens, 1 unit air conditioners, and 2 unit air conditioners, and cooking and selling harmful materials to tourists visiting the above location, etc.

2. Any person who intends to occupy or use public waters in violation of the Public Waters Management and Reclamation Act shall obtain permission for occupancy or use from the competent authority;

Nevertheless, the Defendant did not obtain permission from the competent authority for the use of the same year from February 25, 2016.

9. By August 1, 200, the public waters were installed on the surface of 40 square meters of the above public waters in the same manner as indicated in paragraph (1) and occupied the public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of F and G, and H’s written confirmation;

1. Accusation against a violator of the Public Waters Management and Reclamation Act;

1. Accusation against the offender of the Food Sanitation Act;

1. Application of Acts and subordinate statutes governing field photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act (a place of business of an unreported restaurant), subparagraph 2 of Article 62 and Article 8 (1) 1 of the Public Waters Management and Reclamation Act (a place of occupation and use of public waters without permission), 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;