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(영문) 인천지방법원 2020.04.22 2020고단909
식품위생법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who engages in a food-free retail business under the trade name of building B and C in the Nam-gu Incheon Metropolitan City.

In other words, anyone who intends to run a spot-sale food manufacturing and processing business shall be equipped with the relevant facilities and equipment and report it to the competent authority.

Nevertheless, from March 23, 2019 to November 12, 2019, the Defendant, without reporting to the competent authority, was equipped with one air conditioners, one air conditioners, three air conditioners, and three air conditioners in a place of business where approximately 9.9 square meters is located, and operated a spot-sale manufacturing and processing business, namely, selling 5,00,00 won of destroyed fish to many and unspecified persons and 10,000 won of the 1km, by employing one employee.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Business registration certificate;

1. Investigation report (on-site report);

1. Application of Acts and subordinate statutes to photographs related to business;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. The sentencing criteria are not applicable inasmuch as the Defendant’s age and behavior environment, motive means of crime, outcome of crime, circumstance after crime, etc., and all the kinds of sentencing conditions indicated in the arguments and records, including the following: (a) the size and period of business as indicated in the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the Defendant did not know even having been punished for the same kind of crime several times; and

(1) The punishment as ordered shall be determined in comprehensive consideration of each subparagraph.

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