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(영문) 인천지방법원 2017.09.07 2017고단1250
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities by place of business.

From October 16, 2015 to October 20, 2016, the Defendant, without reporting to the competent authorities, conducted a general restaurant business for cooking and selling food, such as cooking, with 16 tablers and cooking facilities, on a building of a size of 1th floor and 2th floor and 64 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Written confirmation of the draft D;

1. A letter of business trip, and photographs related to the place of business;

1. Application of Acts and subordinate statutes of the summary order;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant had a record of being punished several times for the same type of crime at the same place; (b) the Defendant did not appear even after receiving the notification of the date of trial; and (c) the court did not appear at all times but did not appear when the warrant of detention was issued; and (d) the circumstance after the commission of the crime is not good; (b) the circumstance after the commission of the crime is not good; (c) considering favorable circumstances, such as the Defendant’s age, sex behavior, environment, motive and circumstance of the crime; and (d) the fact that the Defendant does not repeat the crime; and (e) taking into account all the sentencing conditions, such as the Defendant’s age, sex, motive and circumstance

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