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(영문) 서울남부지방법원 2016.02.15 2015고정2014
식품위생법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the head of the Food and Drug Safety Bureau or a branch office of the Special Self-Governing Province or any other competent authority.

그럼에도 피고인은 관할 관청에 신고하지 않은 채 2015. 7. 7. 저녁 7:30 경 서울 금천구 C에 있는 D 앞 노상에서 약 16.5 평방미터의 면적에 테이블 10개, 의자 40개를 설치하여 놓고 성명 불상의 남자 손님 3명에게 막걸리 6 병과 닭 발 및 김치 전 등 안주를 41,000원을 받고 판매하는 등, 2015. 1. 초순경부터 위 일 시경까지 위 장소에서 닭 발, 닭똥 집, 김치 전 등을 조리하여 판매하는 일반 음식점 영업을 영위하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs showing the details of enforcement and on-site records;

1. Subparagraph 1 of Article 97 of the Food Sanitation Act applicable to facts constituting a crime.

1. Punishment to be suspended: Fine of 500,000 won;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse. (100,000 won per day)

1. The sentencing of the Defendant under Article 59(1) of the Criminal Act is as follows.

On March 5, 2009, the Defendant: (a) on the ground that “the Defendant had occupied and used a road without permission and operated a packing horse; (b) on November 24, 2009, the Defendant was sentenced to a fine of KRW 300,000 to a violation of the Road Act; and (c) on the ground that the Defendant interfered with the enforcement of official duties by this court on November 24, 2009, on the ground that he interfered with the enforcement of official duties; and (d) the Defendant, who did not have any particular penal power, did not separately engage in economic activities because the Defendant’s husband was at the fourth degree of disability (see 10 pages of investigation records); (c) on the other hand, the Defendant, who is the recipient of basic living, is also the recipient of basic living, and the Defendant suffers symptoms, such as blood pressure, thirrhee, son, and son (two children of elementary school students, and two children of elementary school students).

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