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(영문) 서울중앙지방법원 2018.08.21 2018고정1398

식품위생법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Any person who intends to engage in the business of manufacturing, processing, transporting, selling, and preserving food or additives shall report to the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, a Special Self-Governing City, a Special Self-Governing Province, or the head of a Si/Gun/Gu by type of business or place of

Nevertheless, around 03:35 on February 28, 2017, the Defendant installed a general restaurant with the trade name “C” in front of Seoul, and did not report it to the competent authority, and sold to customers alcoholic beverages and various kinds of alcoholic beverages by preparing and selling them with a size of about 10 square meters, such as 12 tablers, alcoholic beverage coolingers, one kitchen, one kitchen, and two kitchens, etc.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of any violation of the Food Sanitation Act (non-reported general restaurant);

1. A certificate of a person;

1. Application of statutes on site photographs;

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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