logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2016.09.29 2016고단347
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Any person who intends to engage in general restaurant business among food entertainment business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu/Gu having jurisdiction over a branch office of the Special Self-Governing Province, by type of business or place of business.

Nevertheless, the Defendant did not report his/her business to the competent authority, and operated a general restaurant business by cooking and selling food such as knife knife and knife to unspecified customers with the trade name “D,” from March 2015 to March 30, 2016, to the day on which approximately 90 square meters prior to North Korea, the Defendant: (a) had a cooking instrument, table, etc., which is capable of cooking food with “D”; and (b) had a general restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Control report:

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (unauthorized business status, etc.);

1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 97 and Article 37 (4) of the Food Sanitation Act (Optional to Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation include the fact that the defendant repeatedly committed an unreported act despite the past record of having been punished several times for the same kind of crime, etc., which are disadvantageous to the defendant, the conditions for sentencing that are disadvantageous to the defendant, the fact that the defendant is committed against the defendant, the fact that the defendant's health is not good, and the defendant's suspension of business activities violating administrative procedures, etc., and the conditions for sentencing favorable to the defendant, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., shall be determined as per the disposition.

arrow