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(영문) 의정부지방법원 2019.05.02 2019고정33
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Any person shall report to the competent authorities in order to operate general restaurants.

Nevertheless, the Defendant, without filing a report on general restaurant business with the competent administrative agency from September 7, 2018 to September 2018, with the name of “C” in Namyang-si, Namyang-si, with about 150 square meters, operated general restaurant business by cooking and selling white bars, original white bars, chickens, and chickenss to many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Spanish site photographs and field photographs without filing a report;

1. Application of Acts and subordinate statutes to a report on investigation (report on receipt of details of card transactions);

1. Article 97 Subparag. 1, Articles 37(4), and 36(1) of the former Food Sanitation Act (Amended by Act No. 15484, Mar. 13, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A extenuating circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant had a record of being punished twice for the same kind of crime, and in particular, on September 6, 2018, continued to operate his/her business in the same restaurant even after having been issued a summary order.

A favorable circumstances: The defendant recognizes a crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, motive means of crime, circumstances after crime, etc. and all the sentencing conditions shown in the argument and records of the

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