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(영문) 수원지방법원성남지원 2020.09.10 2020고단1792
식품위생법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates resting restaurant business in the “C Park” located in Gwangju City, Gwangju.

Anyone who intends to operate a resting restaurant business shall report to the competent authorities.

Nevertheless, the Defendant did not report to the competent authority on February 9, 2020, from around 13:45 to April 15:30, 2020, in light of the fact that the Defendant mainly on Saturdays and Sundays, which was last controlled on Apr. 9, 2020, is a requisite, the Defendant appears to have run on Saturdays and Sundays at all times, but inasmuch as there is no other evidence to prove that the Defendant operated his business on Saturdays and Sundays during the above period, the Defendant accepted the Defendant’s lawsuit and corrected the facts charged, and recorded it accordingly.

In the "C Park," in Gwangju City, D truck with coffee manufacturing machine, etc., and the resting restaurant business selling coffees and ice cream, etc. to unspecified customers was in violation of the Food Sanitation Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written accusation and each written statement in preparation of E (public official in charge);

1. A written confirmation of the preparation of the defendant and a person;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As long as it appears that the place of business without reporting the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is located in a park, it is inevitable to punish the act of business not reporting, such as the instant crime, inasmuch as it is deemed that there are justifiable grounds for the disposition of the competent authority not accepting a report of resting restaurants in order to maintain order

The defendant has been notified of a disposition of suspension of indictment and a fine twice in the same place prior to the instant case, even if he/she was punished several times due to non-reported business activities in the same place.

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