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(영문) 서울서부지방법원 2015.12.16 2015고정1746
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “D” in Seodaemun-gu Seoul Metropolitan Government.

1. Any person who violates the Food Sanitation Act shall have necessary facilities, etc. and make a report on his/her business to the competent authority;

Nevertheless, the Defendant, without filing a business report with the competent authority on March 22, 2013, from around August 16, 2015 to around August 16, 2015, sold food and alcoholic beverages, etc. to unspecified customers, who have found approximately 33 square meters in the area of the said 33 square meters, and had business facilities, such as table 4, chairs, and kitchen facilities, and sold them to general restaurants with an average of KRW 700,000 per month.

2. A person who violated the Juvenile Protection Act was prohibited from selling drugs harmful to juveniles to juveniles, but the Defendant sold at the above place around 00:30 on August 16, 2015 to E (the 16-year-old) juveniles for three illness, five illness of beer and beer, and a beer and beer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (Seomun-gu Health and Sanitation Department and telephone conversations in charge);

1. The management ledger of business licenses (report) of food services;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Act on the Selection of Punishment, Article 59 subparagraph 6 of the Juvenile Protection Act, Article 28 (1) of the Act on the Protection of Juvenile, and 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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