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(영문) 부산지방법원 2016.12.15 2016고정3657

식품위생법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to operate a general restaurant business shall file a report with the head of the competent Gu.

그럼에도 불구하고 피고인은 관할 구청장에게 신고하지 아니하고 2015. 8. 30.부터 2016. 3. 9.까지 부산 부산진구 B 1층에서 ‘C’이라는 상호로 약 12㎡의 면적에 탁자 3개, 냉장고, 가스렌지 등 조리시설을 갖추고 손님들을 상대로 떡볶이, 어묵, 순대 등을 조리하여 판매하는 등 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the results of inspecting civil petitions by business establishments;

1. Application of Acts and subordinate statutes governing field inspection photographs;

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. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [All the circumstances indicated in the record, including: (a) the fact that the defendant was immediately discovered despite the fact that he/she received a summary order of KRW 700,000 from the Busan District Court on July 29, 2015, which was issued a fine of KRW 70,000 as a violation of the Food Sanitation Act; (b) the fact that the defendant is aged; (c) the defendant confessions all of the crimes; and (d) the defendant is a confession of all the crimes; and (e)