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(영문) 부산지방법원 2016.04.07 2016고정465

식품위생법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Anyone who intends to operate a general restaurant business shall report to the competent authority.

Nevertheless, from the beginning of June 2014 to the beginning of September 10, 2015, the Defendant, without reporting to the competent authorities, installed 8 tables for customers in the name of “D” in front of the arrival of the ship in Busan-gun B located in B in Busan-gun, 8 general cooling house, 2 ordinary cooling house, 1 water tank, 1 water tank for drinking storage, 1 water tank, and kitchen room, etc., and prepared and sold the uniforms, 80,000 won per month, and operated an unregistered general restaurant business with an average of 80,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any business establishment violating the Food Sanitation Act;

1. Application of each statute on photographs;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been sentenced to a fine of KRW 300,000 on October 13, 2009 due to a violation of the Food Sanitation Act, still runs a general restaurant business without reporting to the competent authority, and the defendant's age, sex, period of business, size of business and operating income, shall be determined as ordered by taking into account all of the sentencing factors indicated in the instant case, such as the defendant's age, sex, period of business, size of business and operating income.