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(영문) 수원지방법원 안산지원 2016.09.06 2016고단2706

식품위생법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 29, 2016 to July 5, 2016, the Defendant, without reporting a general restaurant business to the competent authorities, was equipped with the business facilities such as the trade name, the table, the table, the table, the table, the table, the air conditioners, and the cooking facilities, and operated a general restaurant business with an average of 200,000 won per day after cooking and selling a universal bath, a water supply system, etc. to customers who have provided meals, and raising sales equivalent to an average of 200,000 won per day.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and statement of D;

1. Application of Acts and subordinate statutes on site photographs;

1. Article applicable to the crime, Article 97 subparagraph 1 of the Food Sanitation Act, Articles 97 and 37 (4) of the Act on the Selection of Penalties, and Selection of Imprisonment;

1. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, has committed the instant crime even though he had the same offense for the last five years, was sentenced to a suspended sentence of imprisonment with prison labor once for the same offense, and three times of fines, thereby choosing imprisonment with prison labor.

The execution of imprisonment shall be suspended by taking into account the fact that the defendant does not intend to repeat the crime, and all the conditions of sentencing as shown in the record, such as the age, occupation, character and conduct, environment of the defendant, and circumstances before and after the crime of this case, but the period of grace shall be three years in order to prevent the recidivism.