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(영문) 대구지방법원 2014.10.08 2014고단2126
식품위생법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 2126"

1. On April 16, 2014, the Defendant violated the Juvenile Protection Act: (a) operated “D” Packaging in Jung-gu Daegu-gu, Daegu-gu, Seoul-gu; (b) sold 5 bottles to Nonparty E (the age of 18) (the age of 18), a juvenile who sought as a customer.

Accordingly, the defendant sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles.

2. On April 16, 2014, the Defendant violated the Food Sanitation Act without reporting to the head of the competent Gu. Around 03:05, the Defendant operated “D” with the trade name “F”, and around 20 square meters from April 17, 2014 to June 6, 2014, with the trade name “F”, and prepared and sold a string, wring, etc. against many unspecified customers who found the said restaurant.

Accordingly, the defendant, while engaging in food service business, did not report the business to the head of the competent Gu.

On May 5, 2014, the Defendant, around 23:30 on May 5, 2014, sold 5 and 2 beer and beer with 5 times a week to 4 juveniles, G (the age of 18), etc. (the age of 18) who had been found as customers while operating the aforesaid “F” Packaging.

Accordingly, the defendant sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles.

Summary of Evidence

"2014 Highest 2126"

1. Defendant's legal statement;

1. Each statement of E and H;

1. Investigative report (Listening to Statement E), report on detection of a suspect in violation of the Food Sanitation Act, enforcement photographs, written statements, criminal investigation reports (Attachment to a copy of a criminal suspect A case sent), investigation reports (Notification of the criminal charges related to authorization and permission for the suspect), report on criminal investigation (Notification of the criminal charges related to authorization and permission for the suspect), and notification of the results of investigation into violation of the Food Sanitation Act of A;

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. G certification;

1. Application of Acts and subordinate statutes to on-site photographs, investigation reports (the other party investigation of a minor G), investigation reports (the phone statement of a suspect A and the minor G counterpart investigation);

1. Relevant provisions concerning facts constituting an offense;

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