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(영문) 수원지방법원 여주지원 2016.05.18 2016고단123

식품위생법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to operate a resting restaurant business shall file a report with the competent authority.

On June 10, 2015, from around November 1, 2015 to around November 2015, the Defendant operated the “C” which is a resting restaurant without reporting restaurant business to the head of Yangyang-gu, the competent administrative agency, with respect to an illegal extension building located in Gyeonggi-gu, the development restriction zone and the Gyeonggi-gu, the water source protection zone B, and received a summary order of KRW 2,00,000 as a fine for a violation of the Food Sanitation Act on December 18, 2015.

Nevertheless, the Defendant continued to engage in the restaurant business in the name of “C” without reporting to the head of Bupyeong-gu Gun on December 19, 2015 through January 7, 2016, by keeping coffees, teas, gas lensess, etc. in the aforementioned place from around December 19, 2015 to around January 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each accusation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 97 and Article 37 (4) of the Food Sanitation Act (Optional to Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;