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(영문) 의정부지방법원 2018.02.23 2017고단5663
식품위생법위반
Text

A defendant shall be punished by imprisonment for six 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

On July 9, 1975, B water-source protection zone was located in order to supply clean water to approximately 25 million citizens in the Seoul metropolitan area as an area designated as a water-source protection zone under the Water Supply and Waterworks Installation Act. The owners operating a restaurant without filing a business report in the water-source protection zone in the above water-source area raise a lot of profits by actually exclusively running a restaurant, using the circumstances in which it is impossible for them to enter a new restaurant, and has been punished in the name of another person, such as reducing the scale of the business to avoid the heavy punishment of the competent agency, and family members, etc.

In order to operate a resting restaurant business, anyone shall file a business report under the Food Sanitation Act with the competent administrative agency.

피고인은 2017. 5. 16. 경부터 2017. 7. 21. 경까지 관할 관청에 신고를 하지 않고 남양주시 C에서 'D' 이라는 상호로 약 15㎡ 의 공간에 찜 기, 냉장고, 조리기구 등을 갖추어 놓고 손님들에게 찐빵, 만두를 찜 기에 쪄 조리하여 판매하는 방법으로 휴게 음식점을 운영하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written accusation;

1. E statements;

1. On-site photographs of unreported type of business;

1. A written confirmation of violation, a land use plan, a certified copy of the cadastral map, and a land register;

1. A photo on the side;

1. Application of Drum guidance legislation

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

1. Selection of imprisonment with prison labor chosen;

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

1. The defendant's act of violating the food sanitation law of this case for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is already found 4th only.

The Defendant was sentenced to a fine of three times earlier.

Among them, the last fine of 10 million won has been imposed, but the defendant has continued to operate his business again.

Furthermore, it is difficult to select fines.

except that the defendant is not a defendant.

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