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(영문) 부산지방법원 동부지원 2015.11.30 2015고정1096
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

On October 29, 2014, the Defendant was sentenced to a two-year suspended sentence for six months of imprisonment with prison labor for the obstruction of performance of official duties at the Busan District Court, which became final and conclusive on June 3, 2015.

A person who intends to operate a resting restaurant business shall report to the head of the competent Gu, etc. pursuant to the Food Sanitation Act.

Nevertheless, at around 22:00 on May 4, 2015, the Defendant, without filing a business report with the head of the Busan Si/Gun/Gu, sold a resting restaurant business by selling it to the players using a beer machine containing approximately 20 liter of the beer, which is located in the C Park located in the Busan Si/Gu, Suwon-gu B, and approximately 350 cc of it.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each image of a field photograph (Evidence No. 6, 7 pages of evidence);

1. Before judgment: To enter each copy of the judgment (the Busan District Court Decision 2014Da7131, 2014No4052 and Supreme Court Decision 2015Do5541) bound in the records of public trial, and to apply the statutes to the conet search results of the above case;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Article 97 subparagraph 1 of the Food Sanitation Act and the main sentence of Article 37 (4) of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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