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(영문) 제주지방법원 2016.07.21 2016고정7

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

The defendant is a person who operates a resting restaurant using food trucks on the shore side B at Jeju, in which he sells a straw, etc.

Any person who intends to operate a food entertainment business shall report to the competent authority by type of business or place of business under the conditions as prescribed by the Presidential Decree.

Nevertheless, the Defendant, without filing a business report, was equipped with cooking facilities, such as cooking, sprinking, and cooling, using a food truck in the name of “D,” at the Da-based Da Experience Parking Site, B from the early August 2015 to March 21, 2016, and sold 2,50 won to many and unspecified persons for 2,50 won from the daily average 20,000 won to the 5,500 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Each accusation;

1. Application of Acts and subordinate statutes on photographic and photographic register;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant confessions all of the crimes in this case and repents his mistake; the defendant gives up his food truck business after the control on March 21, 2016 and conducts a legitimate business act in the future; and the fact that the defendant has no record of criminal punishment for the same kind of crime before the crime in this case is favorable to the defendant.

However, even after the defendant was issued a summary order on August 16, 2015 and filed an application for formal trial, it was made in the trial proceedings of this case by continuously mobilizationing the illegal temporary installation to food trucks to the extent of the illegal temporary installation and doing business without reporting it. Otherwise, the defendant's age, environment, business period and size of business, business method, conditions after the crime, and other circumstances.