beta
(영문) 의정부지방법원 2016.12.20 2016고정1831

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

In spite of the fact that a person who intends to operate a general restaurant is equipped with legitimate facilities and reported to the competent authorities, the Defendant, without reporting to the competent authorities. However, the Defendant, from May 15, 2016 to June 2, 2016, performed the general restaurant business by installing a temporary tent on a size of about 10 square meters in Namyang-si B without trade name, on the following grounds: (a) having gas bags, coolants, etc. and five tables with a cooking instrument, such as a cooling house, cooling house, etc., and raising a store in an average amount of KRW 50,000 per day to customers.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of unreported business;

1. Application of statutes on site photographs and images;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. Although the sentencing grounds of Article 334(1) of the Criminal Procedure Act include a large number of defendants with the reasons for sentencing of the provisional payment order, considering the fact that the instant facilities appears to have been removed, and the period of the crime is relatively short, the punishment as set forth in the order shall be determined.