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(영문) 서울동부지방법원 2014.06.25 2014고정833

식품위생법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant operates a general restaurant in the name of Gangdong-gu Seoul Metropolitan Government “Chop”.

1. Violation of the Juvenile Protection Act;

(a) No person shall sell drugs harmful to juveniles, etc. to juveniles, committed on December 25, 2013;

Nevertheless, on December 25, 2013, the defendant's agent found the above "Chop" around 19:00 and sold E (n, 18 years of age), F (n, 15 years of age), G (n, 15 years of age), H (n, 15 years of age), I (n, 17 years of age), J (n, 15 years of age), K (n, 15 years of age), and K (n, 15 years of age) with the price of 79,00 won.

As a result, the defendant's agent D sold the drugs harmful to juveniles to juveniles.

(b) No person who committed the crime on January 1, 2014 shall sell drugs harmful to juveniles, etc. to juveniles.

Nevertheless, around 01:00 on January 1, 2014, the Defendant, who found the “Chump” above, sold to L(A, 16 years of age) and M(16 years of age) a juvenile who was a juvenile, the Defendant received KRW 196,00 for 3 illness, 2 disease in towing, and Hanent Kentent’s 1 disease.

Accordingly, the defendant sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles.

2. A Defendant violating the Food Sanitation Act was ordered by the head of Gangdong-gu Seoul Metropolitan Government to suspend his/her business for a period of three months from November 20, 2013 to February 17, 2014 on the ground that he/she provided alcoholic beverages to juveniles around October 4, 2013 and October 6, 2013.

Nevertheless, around January 1, 2014 during the business suspension period, the Defendant continued to conduct business in violation of the above business suspension order from around November 20, 2013 to January 10, 2014, including engaging in business as described in subparagraph 1-b.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Each statement of E, F, G, H, I, J, K, M and L;

1. Application of Acts and subordinate statutes to investigation reports (receiving notification of the result of administrative dispositions taken by businesses violating the Food Sanitation Act);

1. Article 62 of the Act on the Punishment of Crimes and Article 62 of the Act on the Protection of Juveniles Eligible for the Selection of Penalties and Article 59 of the Act on the Protection of Juveniles;