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(영문) 서울서부지방법원 2018.10.26 2018고정794

식품위생법위반

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

Any person who intends to operate a general restaurant business shall report to the competent authority, as prescribed by Presidential Decree.

Nevertheless, from November 1, 2017 to April 30, 2018, the Defendant did not report the general restaurant business to the head of Mapo-gu having jurisdiction over the Defendant, and had approximately 30 square meters area in the name of “C” in Mapo-gu Seoul Metropolitan Government, including 9 tin-type table table, 30 tin-type table table and cooking, and sold pigs to many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on site photographs of places of business;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has been punished several times for the same kind of crime, the scale and period of the business, and other various sentencing conditions such as the age, sexual conduct and environment of the defendant