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(영문) 인천지방법원 2016.11.18 2016고정3011
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to operate general restaurants in violation of the Food Sanitation Act shall report to the head of the competent Gu;

Nevertheless, the Defendant did not report to the head of the competent Gu on October 1, 2015, from around April 4, 2016 to around April 4, 2016, and prepared and sold food, such as a gas facility, a water tank, a cooling house, a drinking cooling house, a water tank, a water tank, a water tank, and 8 for four-person tablers, and operated a general restaurant in the area of about 33 square meters in the name of “C” in Jung-gu Incheon Metropolitan City, Jung-gu.

2. Any person who intends to bring in water from public waters or discharge water to public waters shall obtain permission to occupy or use public waters from the management agency of public waters;

Nevertheless, from October 1, 2015 to April 4, 2016, the Defendant operated an “C” restaurant in Jung-gu Incheon Metropolitan City B, and produced approximately one ton water by using pumps installed in front of the said restaurant without obtaining permission from the management agency of public waters to occupy or use the public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Request for administrative disposition;

1. Application of Acts and subordinate statutes concerning the dispatch of reports on conditional business within jurisdiction;

1. Article applicable to the facts of crime, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Act on the Selection of Punishment, and Article 62 subparagraph 2 of the Public Waters Management and Reclamation Act, and Article 8 (1) 5 of the Act on the Management and Reclamation of Public Waters (the occupation and use of public waters without permission), 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 (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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