(영문) 부산지방법원 2020.01.09 2019고단5292

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(영문) 부산지방법원 2020.01.09 2019고단5292

식품위생법위반

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant called “C” in Busan Jin-gu B, Busan, and is engaged in an unauthorized business related to the operation of the above C.

There is a history of being sentenced to four times a fine due to a violation of the Food Sanitation Act.

A person who intends to conduct an ordinary restaurant business shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, from January 1, 2018 to July 4, 2019, the Defendant, without reporting to the competent authorities, provided facilities such as cooking and cooling facilities and cooling facilities in the above restaurant the area of business of which is about eight square meters, three tablers for four persons, and seven tablers outside the place of business, etc., and prepared and sold the general restaurant business by cooking and selling the average of KRW 100,000 per day to customers who find out the place of business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written accusation, written statement, written confirmation, and field photograph;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant confessions all of the crimes and repents his mistake, but the defendant operates his business without permission in relation to the operation of the restaurant called "C" in Busan Jin-gu B.

Even if the crime of violation of the Food Sanitation Act had already been sentenced four times to a fine due to the violation of the Food Sanitation Act, it shall be sentenced as ordered in consideration of the fact that the crime of this case has been committed, scale of

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