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(영문) 서울동부지방법원 2014.11.07 2014고정1634
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 is a person who operates general restaurant business under the trade name of Gangdong-gu Seoul Metropolitan Government “C”.

1. The Defendant in violation of the Food Sanitation Act: (a) the instant “C” regulates a juvenile from selling alcoholic beverages to a juvenile, and thereby, (b) January 6, 2014.

3. On January 24, 2014, an order to close down a place of business was issued on January 27, 2014, even if an order to suspend business was issued until June 2, 201;

Nevertheless, the defendant violated an order to close the above place of business from May 10, 2014 to the same year.

7. From the above “C” to the end of May, after cooking and selling food and safe alcoholic beverages, the general restaurant business with an average of 200,000 won per day was continued to be operated.

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

Nevertheless, at around 01:40 on July 5, 2014, the Defendant received KRW 27,500 from the Defendant without verifying the identification card of “C” (n, 16 years of age), E (n, 17 years of age), and F (n, 16 years of age) as a juvenile, and sold the 3 illness, 1 week, and 1 week.

Accordingly, the defendant sold drugs harmful to juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and E;

1. Application of Acts and subordinate statutes to a report on investigation (verification of details of administrative dispositions) and a report on investigation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 97 subparagraph 7, 75 (1) and (2) of the Food Sanitation Act (the fact of violation of an order to close a place of business), Articles 58 subparagraph 3 and 28 (1) of the Juvenile Protection Act (the point of sale of alcoholic beverages subject to juveniles), 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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