beta
(영문) 춘천지방법원 강릉지원 2018.09.20 2018고단750

식품위생법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] Defendant 1 is a person operating a general restaurant with the trade name “D” on three-dimensionals C and 2.

[2] A person who intends to run a dan business shall obtain permission from the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, the Mayor of a Special Self-Governing City, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Although the Defendant did not obtain permission for a three-way market, from November 9, 2017 to June 22:03, 2018, the Defendant engaged in the instant general restaurant business, such as installing automatic film cycles, microphones, etc. from around November 4, 2018 to around June 4, 2018, and allowing customers to sing in line with video-based music, cooking and selling musical and alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for investigation following the receipt of a report on a business place violating the Food Sanitation Act, a report on E, and a written statement of E;

1. The application of Acts and subordinate statutes to news reports (Analysis of audio images) and video photographs;

1. Relevant legal provisions concerning facts constituting an offense and Articles 94(1)3 and 37(1) of the Food Sanitation Act (Options of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and all the conditions of sentencing recorded in the records, such as Defendant’s age, sex, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment as ordered shall be determined.

The favorable circumstances: The defendant is led to confession, and his mistake is divided, and the circumstances unfavorable to the discontinuance of the restaurant of this case after regulation are closed: The fact that the defendant can have a previous conviction for the same kind of offense.