beta
(영문) 수원지방법원 2014.12.10 2014고단5088

식품위생법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a "D" restaurant in Suwon-si, Suwon-si, Suwon-si C.

A person who intends to carry on the food service business shall provide facilities necessary for the business under the conditions as prescribed by the Presidential Decree and report to the competent authority by type of the business or by place of business.

Nevertheless, from April 26, 2014 to August 11, 2014, the Defendant, within the aforementioned “D” restaurant, was equipped with facilities, such as table tables, coolants, gas bags, and kitchen utensils, and sold food and alcoholic beverages to many and unspecified persons, and operated a general restaurant business without reporting general restaurant business to the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Filing an investigation report-written confirmation, and application of Acts and subordinate statutes governing exposed field photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is deemed to have continued the reported restaurant business due to the lack of any other room for living of the defendant, but the defendant has been punished several times for the same kind of crime, and the size of the restaurant in this case, the operating period, and the circumstances of closure at present, etc. shall be determined as ordered by taking into account the following factors: