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(영문) 수원지방법원 성남지원 2015.12.23 2015고단2162
식품위생법위반등
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 of the final judgment.

Reasons

Punishment of the crime

From around 2011, the Defendant is a person operating a mutual general restaurant of “D” in Gwangju City C.

1. Any person who intends to operate a general restaurant shall report to the competent authority;

그럼에도 피고인은 관할관청에 신고하지 아니한 채 2011.경부터 2015. 8. 10.경까지 광주시 C(답) 일대에서 10평가량 되는 건축물에 조리시설 등을 설치한 후 그곳을 찾는 손님들에게 백숙, 닭볶음탕 등을 판매하였다.

Accordingly, the defendant operated general restaurants without reporting to the competent authorities.

2. Any person who intends to construct a building, alter the purpose of use of a structure, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a development restriction zone or any person who intends to occupy and use land, build, rebuild or alter an artificial structure, change the form and quality of land, etc. in a small river zone shall obtain permission from the competent authority;

Nevertheless, on March 2014, the Defendant, without obtaining permission from the competent authority, installed a steel-frame with a size of 132 square meters in Gwangju City E (Y) and F (F), which is a development restriction zone and a small river zone, and constructed a building without permission within a development restriction zone and a small river zone.

3. Any person who intends to construct a building or alter the purpose of use of a structure, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. or occupy and use land, newly build, rebuild or alter an artificial structure, change the form and quality of land, etc. in a development restriction zone shall obtain permission from the competent authority.

Nevertheless, on June 2015, the Defendant installed a steel bridge in Gwangju-si, which is a development-restricted zone and a small river zone, and installed a structure without permission within a development-restricted zone and a small river zone.

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