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전주지방법원 2018.11.02 2018고단975

식품위생법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2018 Highest 975] The Defendant is a person who operates a general restaurant in the name of “D” in Ysan-gu Seoul Special Metropolitan City on September 26, 2017. A general restaurant operator is prohibited from being equipped with sound facilities and from allowing customers to dance.

Nevertheless, around December 10, 2017, around 00:27, around February 18, 2018, around 00:58, and around 02:24 March 4, 2018, the Defendant violated the code of practice by allowing an unspecified number of people who have been equipped with sound facilities and special lighting in the above place to dance in music.

[2018 Highest 1140] The Defendant is a person who has raised approximately one year and six months prior to the date of 1 year and six months of “Instrush”.

If we raise a pet dog, we have a duty of care to prevent accidents caused by a pet dog by putting a pet dog on a pet dog, etc., because there is a risk of accidents that may cause water or cause danger to people, and thus, it has a duty of care to prevent accidents caused by a pet dog.

Nevertheless, on April 23, 2018, when the Defendant 200, around 01:00, puts the above pet dog at the E main shop operated by the Defendant, which was operated by the Defendant, and did not carry the pet dog, etc., on the part of the Defendant, the Defendant caused the victim to suffer damage to the character of petbs that require approximately two weeks of treatment.

Summary of Evidence

[2018 Highest 975]

1. Each legal statement of witness F, G and H;

1. A criminal investigation report (report on the confirmation of these images) and a internal investigation report;

1. A CD (Attachment to On-Site Images), CD screen image (2018 Highest 1140);

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 97 Subparag. 6 of the relevant Act concerning facts constituting an offense, Article 97 Subparag. 6 of the Food Sanitation Act and Article 44(1)8 of the same Act (integratedly, selection of fines) and Article 266(1) of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.