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(영문) 부산지방법원 2017.01.25 2016고정3930
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 name of “E” in Young-gu, Busan.

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

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

9. Until August 8, 200, a general restaurant was engaged in business activities by putting down hack pipe steel bars and tents over the sea sides of the above location, installing cooking facilities such as table 8, gas sirens, one air conditioners, and three air conditioners, and cooking and selling sea water illuminations, illuminations, etc. to tourists visiting the above location.

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

Nevertheless, the Defendant did not obtain permission from the competent authorities, and from May 19, 2016, the same year.

9. Until August 1, 2008, a packaging horse was installed on the above-owned waters in the same manner as that indicated in paragraph (1) and occupied the public waters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

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

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

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

1. Article 97 Subparag. 1 of the Food Sanitation Act, Article 37(4) of the same Act (the occupation of unreported restaurant business), Article 62 Subparag. 2 of the Act on the Management of Public Waters and Reclamation, and Article 8(1)1 of the same Act (the occupation of public waters without permission) concerning facts constituting an offense, the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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