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(영문) 서울북부지방법원 2018.01.24 2017고단5146

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 business shall report to the competent authority for each type of business or each place of business.

Nevertheless, on December 16, 2016, from around October 16, 2017 to around October 16, 2017, the Defendant, without reporting to the competent authorities, equipped with a kitchen facility of 13 square meters in the trade name of “D cafeteria” in Seoul Special Metropolitan City, Nowon-gu, and prepared and sold satisfaction to customers who found the place, and operated a general restaurant with approximately 300,000 won average daily sales.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing operating status;

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. In order to prevent sanitary harm caused by the foods determined by the sentence and to protect the health of the people, a person who intends to provide food entertainment business shall be equipped with facilities in accordance with the standard and report to the competent authorities, and the defendant has continued to engage in the business not reported in the same place from around 2008, and in the process, the records of fines imposed due to the violation of the Food Sanitation Act are nine times, the restaurant of this case is designated as the daily cost redevelopment area at which the restaurant of this case is located, and is going to be removed, and is administered with old and scarcity, etc., taking into account the conditions of sentencing such as the defendant's character, behavior and environment.