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(영문) 의정부지방법원 고양지원 2019.10.01 2019고단2245

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

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu

Nevertheless, the Defendant did not report to the competent authorities, from May 2018 to July 17, 2019, sold white accommodation, etc. to customers who found out at the same time with the name of “C” in the Gyeyang-gu North Korean mountain valley B from May 2018, with three air conditioners, 20 square meters, and cooking facilities, with the trade name of “C”.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection and the application of statutes governing field 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 reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is that the Defendant again committed the instant crime even though he had the record of being sentenced to four times a fine with respect to the act of running a reported restaurant business at the place indicated in the instant facts charged, although he had been sentenced to four times a fine, the Defendant committed the instant crime. However, the following should be considered as favorable to the Defendant: (a) the Defendant is recognized to commit the instant crime; (b) the relevant restaurant was removed; (c)

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.