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(영문) 울산지방법원 2020.02.04 2019고정794
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, at around 00:30 on June 22, 2019, the Defendant sold 2 bottles, which are drugs harmful to juveniles, to D(16), E(16), F(17) from the package mar of the Defendant’s operation “C,” which is located adjacent to B in Yangsan-si, Yangsan-si, to customers.

2. Any person who violates the Food Sanitation Act shall report to a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

Nevertheless, from June 5, 2019 to June 22, 2019, the Defendant did not report to the Yangsan City Mayor at the place specified in paragraph (1), and operated a general restaurant business for cooking and selling food and alcoholic beverages, such as swine boomers and chickens, with the cooking apparatus and the consignee.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of field photographs);

1. Article 58 subparag. 3 of the Act on the Punishment of Specific Crimes, Article 28(1) of the Act on the Protection of Juveniles Eligible for the Punishment of Specific Crimes, Article 97 subparag. 1 of the Food Sanitation Act, Article 37(4) of the same Act, and the selection of fines, respectively;

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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