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(영문) 서울북부지방법원 2017.09.13 2017고단2405

식품위생법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall operate a general restaurant business without reporting to the competent administrative agency.

Nevertheless, from July 21, 2016 to May 27, 2017, the Defendant did not report to the competent authorities in Nowon-gu in Seoul Special Metropolitan City, and kept 14 cooking facilities and the table 14 and 28 chairs, and operated a general restaurant with the trade name called "D restaurant" by selling food, such as a patrolhouse, to customers who discovered.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning reports on generation (unauthorized permission of the Food Sanitation Act), photographs, and business registration certificates;

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. For the purpose of preventing sanitary harm caused by foods determined to be sentenced to punishment and protecting people’s health, any person who intends to provide food entertainment service shall be equipped with facilities that meet the standard and file a report with the competent administrative agency, and the Defendant has continued to engage in the same reported business in the same place from around September 2013, and in the process, the record of fines imposed due to a violation of the Food Sanitation Act reaches five times, and the record of fines imposed due to the closure of business on September 8, 2017 is likely to no longer repeat again, taking into account the sentencing conditions, such as the Defendant’s age, sex, environment, etc.