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(영문) 부산지방법원 2020.11.13 2020고정898
식품위생법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. A person who intends to engage in food service business shall report to the Minister of Food and Drug Safety, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

Nevertheless, from May 2017 to November 23, 2019, the Defendant made a tent with the name of “C” without filing a business report with the competent authority in the B No. 2019, from May 23, 2017 to November 23, 204: (a) in that context, the Defendant made a tent with the name of “C”; and (b) prepared and sold 150,000 won average of 1.50,000 won per day to many unspecified customers who found the place.

2. Determination

A. Where a judgment becomes final and conclusive on a part of the crimes related to an inclusive crime, a judgment of acquittal shall be rendered on the grounds that res judicata effect of the final and conclusive judgment has not yet expired with respect to the crimes committed prior to the rendering of the judgment at

(Supreme Court Decision 2006Do1252 Decided May 11, 2006). B.

According to the records of this case, the Defendant did not report to the competent authorities on April 29, 2020 in the case of violating the Food Sanitation Act 2020 High Court Decision 298 on April 29, 2020, and the same year from May 2019.

9. By September 1, 200, a general restaurant business was operated by cooking and selling 4 man-made table 2, various cooking facilities, washing facilities, etc., and cooking and selling 150,000 won per day average of alcoholic beverages together with alcoholic beverages to customers who find out the place.

"The above judgment was sentenced to a fine of KRW 500,00 and one year of suspension of execution for criminal facts, and on May 7, 2020, it is recognized that the above judgment became final and conclusive.

In light of the date, place, mode of business, etc. of the crime, the facts charged in this case committed against the defendant before the judgment was rendered, the same kind of crime is committed under the single and continuous criminal intent.

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