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(영문) 서울북부지방법원 2013.12.17 2013고정2772
식품위생법위반등
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "C" in Seoul Special Metropolitan City, Nowon-gu.

1. From April 16, 2013 to June 25, 2013, the Defendant violated the Food Sanitation Act, without reporting to the head of the competent Gu. From around April 16, 2013 to June 25, 2013, the Defendant operated a general restaurant with pressure studs, gas sirens, cooling straws, cooling straws, tea straws, four-person seat tables, etc., sold to visitors, thereby raising sales at an average of KRW 3 million per month.

2. No person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones shall construct any building or install any structure in a development restriction zone, and any person who intends to do such act may obtain permission from the competent authority;

Nevertheless, on May 31, 2013, the defendant installed a temporary building (30 square meters) for profit-making purposes and used it for the purpose of restaurant business in the above land located within the development restriction zone without obtaining permission from the head of the competent Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Major maps, forest land use registers and confirmation personnel of land use plans;

1. Application of statutes on field photographs;

1. Article applicable to facts constituting an offense, subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act (unreported general restaurant business), Article 31 (2) 1, the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase 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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