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(영문) 수원지방법원 2018.08.23 2018고정1058
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to use or occupy fishery harbor facilities violating fishing villages and fishery harbors shall obtain permission from the fishery harbor management authority;

Nevertheless, on February 13, 2018, if the Defendant installed a container structure without obtaining permission from the managing authority of the fishery harbor within the C zone, which is a national fishery harbor located in the C zone in the lusium B, the Defendant occupied fishery harbor facilities by operating a resting restaurant for selling the lusity map, etc.

2. Any person who intends to engage in food entertainment business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu having jurisdiction over a branch office of the Special Self-Governing Province;

Nevertheless, if the Defendant had cooking facilities such as cooking units, cooling units, etc., without reporting to the competent authorities at the time and place specified in paragraph (1), and had many unspecified customers to find out such facilities, he/she was engaged in a restaurant business by cooking and selling the livergs, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Article 60 (2) 3 of the Fishing Villages and Fishery Harbors that choose the punishment, the main sentence of Article 38 (1) (unauthorized use of fishery harbor facilities), Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) (unreported food sale) of the Food Sanitation Act, and the selection of fines for each crime;

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. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has the record of being punished several times for the same crime, as well as the fact that the accused has been punished several times for the same crime, in consideration of the fact that he/she again installed a container removed by an administrative vicarious execution from the competent authority to recover the container that was removed by the administrative vicarious execution, and engages in the old occupation business, the punishment prescribed by the summary Order

It does not appear.

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