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(영문) 부산지방법원 2016.06.24 2016고정1762
식품위생법위반등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. The Defendant violating the Food Sanitation Act is a person who runs a general restaurant business under the trade name of “D” in Seo-gu Busan Metropolitan City.

Any person who intends to operate a general restaurant business shall file a report with the competent authority.

Nevertheless, at around 17:40 on February 27, 2016, the Defendant, without reporting to the competent authority at the above place, operated a general restaurant with four tablers, chairs, cooling house, cooking facilities, etc., selling to many and unspecified customers alcoholic beverages and alcoholic beverages, such as mar, empty rice, boom, galle, soft, and beer, and selling them to the general restaurant with an average of KRW 60,000 per day.

2. No person who violates the Juvenile Protection Act shall sell drugs, etc. harmful to juveniles to juveniles;

Nevertheless, the defendant sold 2 young 2 juveniles such as E (n, 17 years of age) at the same time and place as the above 1 paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Notification of detection of business entities violating laws;

1. A report on the control of a business place of public morals, and a report thereon;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Food Sanitation Act (the occupation of unreported restaurant business), Article 59 subparagraph 6 of the Juvenile Protection Act, Article 28 (1) of the Juvenile Protection Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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