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(영문) 대구지방법원 김천지원 2017.11.21 2017고정474

식품위생법위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant shall have necessary facilities, etc. and make a report on its business to the competent administrative agency.

Nevertheless, on September 6, 2012, from around July 26, 2017 to around July 26, 2017, the Defendant, without filing a business report with the competent authorities, provided food materials necessary for kitchen, cooking, cooking facilities, chickens, and so forth in the area of approximately 70 square meters in the name of “C” in Kimcheon-si B, Kimcheon-si, and operated a general restaurant business by cooking and selling the chickens and white accommodation to many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of control field 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. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine not exceeding six times for the same offense.

The size of the restaurant operated by the defendant is not small.

In particular, even though the Defendant was punished by the same crime at the same place on September 5, 2012, the Defendant continued to run a general restaurant business for about five years without filing a report.

However, the defendant is re-competing.

The defendant seems to operate the restaurant in this case in order to maintain his livelihood.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.