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(영문) 서울남부지방법원 2021.02.03 2020고정2065
식품위생법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violating the Food Sanitation Act installs a packaging horse without any trade name on the roads Yeongdeungpo-gu Seoul Metropolitan Government, and operates a general restaurant business.

Anyone who intends to operate a general restaurant business shall report his/her business to the competent administrative agency.

Nevertheless, the Defendant, without reporting to the head of the competent Gu from March 21, 2020 to September 21, 2020, operated a general restaurant business for cooking and selling alcoholic beverages, alcoholic beverages, etc. to customers who find the place with four consignments, 12 chairs, kitchens, 2 gas burners, and air conditioners, etc. in the above packing car from around March 21, 2020 to around September 21, 202.

2. Any person who intends to build, rebuild, alter or remove any structure, things or other facilities, or occupy and use any road for any other reason shall obtain permission from the administrative agency having jurisdiction over the road;

Nevertheless, the Defendant did not obtain permission from the competent authorities to occupy and use a road at the time and place indicated in the above "paragraph 1" but installed a business facility such as the above "paragraph 1" in part of the road and occupied the road without permission.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the notification of cases to the defendant's legal statement occurrence report (violation of the Food Sanitation Act, etc.) and the 112 color photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Food Sanitation Act (a place of business not reported), Article 114 subparagraph 6 of the Road Act, and Article 61 (1) of the Act (a place of business without permission) of the same Act, and the selection of fines for negligence;

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. Although there are extenuating circumstances, such as the confession of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that there is a difficult economic situation, the summary order is issued in consideration of the following: (a) the facility and size of the reported business in this case, the operating period, and the number of criminal records of the defendant three times.

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