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(영문) 서울중앙지방법원 2015.05.13 2014고정4860
식품위생법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on January 13, 201, and the judgment became final and conclusive on July 29, 2014.

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

그럼에도 불구하고 피고인은 2013. 11. 9.경 서울 관악구 C 앞길에서, 그 곳에 조리기구, 석쇠, 탁자 등 포장마차 시설물을 설치하여 놓고서 그 곳을 방문하는 불특정 다수의 손님들을 상대로 술과 함께 찌개, 닭꼬치 등 음식류를 조리ㆍ판매하였다.

Accordingly, the defendant operated general restaurant business without reporting to the head of the competent Gu.

Summary of Evidence

1. Part of the statement made by witnesses D in the third protocol of the trial;

1. Reporting on detection of any violation of the Food Sanitation Act (excluding the part concerning the statement of the accused);

1. Photographs;

1. Previous convictions in judgment: Application of three copies of the written judgment;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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