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(영문) 부산지방법원 2015.07.23 2015고단2829
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name “D” in the Geum-gu Busan Metropolitan Government C.

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1. On December 17, 2014, the Defendant received an order to suspend business from December 22, 2014 to March 21, 2015 from the head of the Busan Geum-gu Office.

Nevertheless, at around 05:00 on January 8, 2015, the Defendant continued to operate the restaurant in violation of the order of business suspension, such as having employees B provide seven customers E with alcohol and alcohol.

2015 highestest 3172

2. On July 15, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Food Sanitation Act at the Busan District Court on the grounds that he/she had extended his/her place of business without filing a report. On December 17, 2014, the Defendant issued a business suspension order from December 22, 2014 to March 21, 2015 by the head of the Busan District Court, which was issued a suspension order from December 22, 2014 to March 21, 2015. However, on January 8, 2015, the Defendant violated the above business suspension order and continued his/her business, and then was charged for summary service with the Busan District Court on April 14, 2015, and is now pending in the same court.

The Defendant, as above, was ordered to close down his/her business on February 10, 2015, by disregarding and continuing the business suspension order.

Nevertheless, the Defendant violated an order to close down a place of business, and continued to operate a general restaurant business by selling blades and alcoholic beverages from many unspecified customers, with approximately 236.76 square meters of the area of the said place of business, including 27 manufacturers, and gas sirens, with a total of 4-person kitchen equipment, such as 4-person kitchens, from February 11, 2015 to April 14, 2015.

Summary of Evidence

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1. Statement by the defendant in court;

1. The suspect interrogation protocol of the police as to B;

1. Business notification certificates, internal photographs of business places, and disclosure of administrative dispositions;

1. Statement by the defendant in court;

1. Photographs of violated business places;

1. Application of Acts and subordinate statutes to investigation reports (attached to a disposition taken to close a place of business);

1. Article 97 subparagraph 7 of the Food Sanitation Act and Article 75 of the same Act concerning the applicable criminal facts and the selection of punishment, respectively;

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