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(영문) 제주지방법원 2012.07.05 2012고단516
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 30, 201, the Defendant received an order to close down his/her place of business on December 15, 201 from the Jeju City Mayor while reporting general restaurants in business and operating the general restaurant in the name of “C” in the Jeju City B building.

Nevertheless, at around 14:10 on February 16, 2012, the Defendant continued to operate a general restaurant business in violation of an order to close down the general restaurant business by selling 17,500 won of the sales amount to 6 customers in the name of customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Documentary evidence of non-reported food business activities;

1. Application of Acts and subordinate statutes to notify the administrative disposition (Closure of a place of business) and to orders to take administrative dispositions;

1. Article 97 of the Food Sanitation Act and Articles 97 and 75 (2) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. The defendant for sentencing under Article 334(1) of the Criminal Procedure Act asserts that the order to close the place of business of this case is illegal or unreasonable, but as long as the above order is not contested through the administrative litigation, and as long as the defendant does not dispute through the administrative litigation, the defendant has a duty to comply with the above order.

The defendant's business office of this case is decided as per Disposition by comprehensively taking into account all the sentencing conditions, including the period of business and size of sales in violation of the above order.

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