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(영문) 부산지방법원 서부지원 2017.12.14 2017고정219
식품위생법위반등
Text

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

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

Reasons

Punishment of the crime

A. Defendant A in violation of the Food Sanitation Act is a person who operates a general restaurant “L” on the second floor K in the Y-gu, Busan.

“L” operated by the Defendant is under a six-month business suspension disposition from January 2, 2017 to June 30, 2017.

Although the Defendant was subject to an administrative disposition that the business suspension was six months from January 2, 2017 to June 30, 2017, the Defendant engaged in the business of providing drinking and drinking to customers who found the above business by February 8, 2017.

(b) No person who violates the Juvenile Protection Act shall sell, lend, or distribute tobacco or alcoholic beverages that are harmful to juveniles to juveniles, or provide them free of charge for profit;

Nevertheless, around February 21, 2017, the Defendant sold 2-sadju and 2-sadju, a juvenile harmful to juveniles, without verifying the age of n(n) and 16 years of age at the general restaurant referred to in “A” before the Defendant around February 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Nicipact;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from theO of a witness);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 5 of Article 95 of the Food Sanitation Act, Article 75 (1) (a) of the same Act, Article 59 subparagraph 6 of the Juvenile Protection Act, and Article 28 (1) of the same Act (a point of sales of alcoholic beverages to juveniles) of the same Act, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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