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(영문) 창원지방법원 진주지원 2017.10.13 2017고정224
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who conducts food entertainment business (general restaurant) with a trade name D in the South-west Sea C.

A. On April 30, 2016, the Defendant received an order to close down a place of business from the number of South Navy, and the relevant public official posted a notice informing that the relevant place of business is not a legitimate place of business.

As above, the notice posted by the relevant public official shall not be removed without permission.

Nevertheless, the Defendant removed the above notice around October 11, 2016.

(b) A person who intends to engage in food entertainment business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu/Gu who has jurisdiction over a branch office of the Special Self-Governing Province, by type of business or place of business

Nevertheless, the Defendant, who is the head of the South Maritime Police Office, did not report the business to the head of the competent Si, and operated the food entertainment business without filing a report at around October 29, 2016 and around December 25, 2015:00 of the same year.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Subparagraph 9 of Article 97 of the Food Sanitation Act, Article 79 (1) 2 of the same Act (Elimination of Notice) concerning facts constituting a crime, subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act (non-reported food entertainment business);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment stipulated for a violation of the Food Sanitation Act by an unreported food entertainment business with more heavy circumstances);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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