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(영문) 대구지방법원 경주지원 2018.07.05 2018고정82
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. A person who intends to engage in general restaurant business among food entertainment business violating the Food Sanitation Act shall report to the Minister of Food and Drug Safety or the Mayor of 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 business as prescribed by Presidential Decree;

Nevertheless, from March 31, 2018 to April 1, 2018, the Defendant, on the spot of racing C, and without reporting the general restaurant business to the competent authorities, had six tablers, 24 chairs, cooking facilities, etc. on a scale of approximately 18 square meters per day with the trade name of “D,” and sold to many unspecified customers, such as food, liquor, beer, and beer, with an average of 30,000 won per day.

Accordingly, the defendant was engaged in general restaurant business without reporting to the competent authorities.

2. No person who violates the Juvenile Protection Act shall sell drugs harmful to juveniles;

Nevertheless, on April 1, 2018, the Defendant sold alcoholic beverages, such as Category E (17) and F (16) with the total market value of KRW 40,00,000, at around 23:0, the Defendant sold alcoholic beverages to E (17:3) and F (16:3:00.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and E;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97 of the Food Sanitation Act, Article 37 (4) of the same Act (the occupation of a general restaurant business that is not reported), Article 59 subparagraph 6 of the Juvenile Protection Act, Article 28 (1) of the same Act (the occupation of a juvenile liquor sales), and the selection of a fine, 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is as follows: (a) the background leading up to the instant crime; (b) the size of the restaurant operated by the Defendant; and (c) the period of illegal business; and (d) the defendant.

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