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(영문) 대구지방법원 2014.12.24 2014고정2673

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 general restaurant in the name of “C” in Daegu Dong-gu B.

Any person who intends to cook and sell food shall be equipped with certain facilities and shall report the business to the competent authorities.

Nevertheless, from around December 11, 2012 to August 22, 2014, the Defendant did not report general restaurant business, and had approximately 50 square meters of business size in the said place, with facilities necessary for business, such as six trustees, one cooling house, one cooling house, 1, 20 chairs, and 20 gas burners, and prepared and sold State numbers, two parts, Dongju, softju, and beer, etc. against unspecified customers.

Accordingly, the defendant is running a general restaurant business not reported.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on accusation, accusation, public official statement, and field photographs to those who violate the Food Sanitation Act;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act that choose a penalty;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are as follows: (a) there is no disadvantage that the defendant repeats the crime even though the same criminal record has been six times or more; (b) the confession and reflect of the defendant; (c) the size of the business is so small that it is very difficult to economically and economically while supporting the mother; and (d) other factors indicated in the arguments of this case, such as the defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, etc., comprehensively taking account of the various factors mentioned in the arguments