식품위생법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.
2. The circumstance where the judgment defendant recognized the instant crime is recognized.
However, the crime of this case was already committed in the same place and continues to operate the above illegal restaurant even after being punished by a fine, and the liability for the crime is grave, the defendant has been repeatedly committed the same crime despite the fact that he had been punished twice or more due to the same crime, and the risk of repeating the crime is high, and the period of the business has reached approximately three years and six months, and the standard amount of value-added tax as of the year 2016 exceeds KRW 11,4710,00,000, which is disadvantageous to all others.
Considering such circumstances and the circumstances that are the conditions for sentencing as provided in Article 51 of the Criminal Act, the sentence imposed by the court below is deemed unfair and unfair, even considering the favorable circumstances as seen earlier.
We accept the prosecutor's improper arguments in sentencing.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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 sentence is determined as per the order, taking into account the various factors of sentencing as stated in the above judgment on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, taking into account the reasons for sentencing.