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(영문) 의정부지방법원 2015.04.03 2014고단3121

식품위생법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” in Namyang-si.

Any person who intends to operate a general restaurant shall report to the competent authorities.

Nevertheless, the Defendant, without reporting to the competent authority from October 5, 2013 to July 23, 2014, operated a general restaurant business by cooking and selling approximately KRW 300,000 won average daily meat, etc. to many unspecified customers who have provided meals with outdoor books, gas facilities, air conditioners, and kitchen instruments, etc. within the aforementioned D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements or current status of businesses without filing reports;

1. Article applicable to the crime, Article 97 subparagraph 1 of the Food Sanitation Act, Articles 97 and 37 (4) of the Act on the Selection of Penalties, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (it shall be considered that there is an unfavorable circumstance that there is the same kind of fine imposed over 13 times as the unreported business, or that there is an unfavorable reason, or that there is a reflect on recognizing a crime, that it appears that a living penalty is a living penalty, and that the defendant has no longer committed a restaurant business and does not repeat a crime);