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(영문) 부산지방법원 2014.10.22 2014고정3964
식품위생법위반등
Text

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

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

Reasons

Punishment of the crime

1. On April 11, 2014, the Defendant violated the Food Sanitation Act without reporting the general restaurant business to the head of a Gu, and with the main facility, such as a table four tablers, on the floor of a size equivalent to the 10 square meters from the trade name of 10 square meters from Busan B, Busan, the Defendant provided a general restaurant business by cooking and selling to many and unspecified persons an average of KRW 100,000 per day of alcoholic beverage and alcohol, etc.

2. Violation of the Juvenile Protection Act;

A. No one may provide juveniles with alcoholic beverages, which are harmful to juveniles, and when alcoholic beverages are supplied, the Defendant did not take appropriate measures, such as identifying identification cards, etc. while running food entertainment business at a place, such as Paragraph 1, but sold alcoholic beverages and alcoholic beverages equivalent to the sum of KRW 59,000 per week to juveniles D (n, 16 years old) and nine persons working on the same day.

B. On April 11, 2014, at around 20:30, the Defendant sold alcoholic beverages and eggs equivalent to KRW 24,000 in total, including two weeks of alcoholic beverages, beer 2, and beer 16 years of age, to the minor E (n, 16 years of age) and two persons of such day in the same manner as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Reports on detection of business places violating the Juvenile Protection Act and a written statement of control;

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act (unreported general restaurant business), subparagraph 6 of Article 59 of the Juvenile Protection Act, Article 28 (1) of the Juvenile Protection Act (which sells alcoholic beverages to juveniles), and 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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