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(영문) 광주지방법원 2013.08.27 2013고정993
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From October 2012, the Defendant is a person who operates a general restaurant in the name of "D" in Gwangju Dong-gu, Gwangju.

A food service business operator shall indicate the name of the relevant business type and the trade name permitted or reported under the signboards.

Nevertheless, from March 12, 2013 to March 23, 2013, the Defendant violated the code of practice of food service business operators by operating the business by attaching a trade name sign "E" that may confuse the trade name with the external signboards of the said business establishment.

(b) No person who operates a general restaurant shall install any special lighting facility, such as stage equipment, sound and reflective facilities, and parasiball, in guest rooms;

Nevertheless, around 00:05 on March 23, 2013, the Defendant violated the facility standards by setting up a stage space in the guest room in the above place of business, and installing sound and reflecting facilities, balls, lighting fixtures, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Control photographs;

1. Evidentiary photographs;

1. Application of Acts and subordinate statutes on the management ledger of business licenses (report);

1. Relevant legal provisions concerning criminal facts, Articles 97 subparag. 6 and 44(1) of the Food Sanitation Act (in violation of the matters to be observed), Articles 97 subparag. 4 and 36(1)3 of the Food Sanitation Act (in violation of the standards for facilities), the selection of fines, and the selection of fines;

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

1. Articles 70 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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