beta
(영문) 서울북부지방법원 2017.11.01 2017고단3289

식품위생법위반

Text

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

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

Reasons

Punishment of the crime

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

그럼에도 불구하고 피고인은 2016. 12. 27.부터 2017. 7. 10.까지 서울 성북구 C 약 15㎡에서, ‘D’ 라는 상호로 냉장고, 씽크대, 식자 재조리기구, 탁자, 의자 등의 시설을 갖추어 놓고, 불특정 다수의 손님들에게 오돌 뼈, 닭똥 집, 꽁치 등을 조리, 판매하는 일반 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. Application of statutes on site 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. 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 the decision-making foods and protecting people's health, any person who intends to provide food entertainment service shall be equipped with facilities in accordance with the standard and make a report at the competent administrative agency. The Defendant has continued to engage in the same place of business from around 2008, and in the process, the records of fines imposed due to the violation of the Food Sanitation Act are six times, and the scale of the unreported restaurant operated by the Defendant is determined as ordered in consideration of the sentencing conditions, such as the Defendant's age, sex, environment, etc.