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(영문) 의정부지방법원 2018.04.04 2018고정249
식품위생법위반
Text

1. Defendant A shall be punished by a fine of 500,000 won and a fine of 1,00,000 won, respectively.

2. The Defendants respectively.

Reasons

Punishment of the crime

1. Although Defendant A’s person who violated the Food Sanitation Act reported to the competent administrative office on October 19, 2017 when he/she intends to run a restaurant business, Defendant A, from around October 21, 2017 to around 23:30 of the same day, had Defendant A installed a cryp cooking machine on the freight partitions owned by the Defendant, and sold it to many and unspecified customers by forming a kyp in an average of KRW 50,000 per day.

As a result, Defendant A was engaged in an unregistered restaurant business.

2. Defendant B’s obstruction of Defendant B’s business and damage to property was done on the ground that, from October 19, 2017 to October 23:00, 2017, Defendant B had shown the victim’s massage at the above place and had changed to the victim A, and the victim was deemed as a bad and bad.

Accordingly, Defendant B carried the victim A's 20,000 won of the market price of the vehicle, and the front line of the vehicle in the city in front of the city with the front line of the vehicle in front of the city, caused to tear the lighting, and broken the front line of the vehicle.

In addition, the defendant had expressed a desire for customers who intend to be kn't kn't kn't.

Accordingly, the defendant damaged the victim's property A, and interfered with approximately 30 minutes of kyp sales business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of a report on the control of a public morals business place, field photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 97 Subparag. 1 and Article 37 Subparag. 4 of the Food Sanitation Act; Selection of fines

B. Defendant B: Article 314(1) of the Criminal Act (a) and Article 366 of the Criminal Act (a point of interference with business), the selection of each fine

1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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