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(영문) 의정부지방법원 2015.06.11 2014고정2655
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to operate general restaurants in violation of the Food Sanitation Act shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, the Defendant did not report general restaurants, and was equipped with the facilities such as cooling and cooking utensils, etc. in D in Gyeonggi-si, the Government of Gyeonggi-si from around December 21, 2013 to May 2, 2014, and sold them by cooking and selling salt shackers, chickens, swine booms, and tribs, etc.

2. Slaughtering and treating livestock, collecting milk, and processing, packaging and storing livestock products in places of business permitted in accordance with Article 22 (1) of the Livestock Products Sanitary Control Act;

Nevertheless, from March 2, 2014 to May 2, 2014, the Defendant slaughtered livestock at a place other than the permitted place of business using the slaughter equipment, such as moas, knif, etc., in the above D, which was not a place of business permitted pursuant to Article 22(1) of the Livestock Products Sanitary Control Act.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. On-site photographing, motion pictures, and USB of motion pictures;

1. A report on internal investigation (on March 21, 2014, site inspection);

1. Sales account books;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Relevant statutory provisions for facts constituting an offense, Articles 97 subparagraph 1, 37 (4) of the Food Sanitation Act that apply to the choice of punishment, and Articles 45 (1) 1 and 7 (1) of the Livestock Products Sanitary Control Act (the violation of the Livestock Products Sanitary Control Act, the selection of fines and the selection of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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