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(영문) 창원지방법원 거창지원 2014.05.14 2014고단59
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From October 14:40 on December 12, 2013, the Defendant aided and abetted the act of gambling, such as the above E, by facilitating the act of gambling, even though he knows that he / she satisf, and G satisf, in C market D restaurants run by Gohap-gun B, by using 51 satisfics, with knowledge of the fact that he/she satisfs at the e, F, and Gsatfs.

2. In order to operate a general restaurant business in violation of the Food Sanitation Act, the Defendant reported to the competent authority. However, from the end of September 2012 to December 16:10, 2013, from the end of December 30, 2013 to the C market D restaurant, the Defendant installed 4 tables, cooling and kitchen equipment, etc. on a size of approximately 13.2 square meters, and prepared and sold a kimchi dog and liquor with an average of KRW 50,00 per day against an unspecified customer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, or E;

1. Each investigation report (with regard to the site attendance status, etc., and with a suspect A general restaurant site photo attached thereto);

1. Application of Acts and subordinate statutes to inquiries as to whether general restaurants are reported;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 246(1) and 32(1) of the Criminal Act that choose the penalty (abambling aid), Articles 97 subparag. 1 and 37(4) of the Food Sanitation Act, and the choice of fines;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (as to the crime of aiding and abetting gambling),

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of concurrent crimes (which shall be limited to the sum of the maximum amount of the crimes above)] among concurrent crimes;

1. Articles 70 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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