(영문) 의정부지방법원 2017.08.17 2017고정1305

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.08.17 2017고정1305

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In other words, a person who intends to operate a spot-sale food processing business shall report to the head of the Special Self-Governing Province branch office, Si/Gun/Gu.

Nevertheless, from January 10, 2017 to February 27, 2017, the Defendant, without reporting to the competent authority in the old world near the Namyang-si B, provided one ton truck with an equipment for manufacturing balbbbbbing and an implied straw, and sold to customers who found the place at the same time a day an average of 30,000 won per day, and operated a business for manufacturing and processing balbbing balbbing, fishing, and balks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written statement, and field photographs;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the facts that the Defendant recognized the criminal facts of this case and reflects his mistake, and that the Defendant appears to have caused the instant crime for livelihood are recognized as favorable to the Defendant.

However, in light of the contents and methods of the crime, the legislative intent of the Food Sanitation Act, etc., the crime of this case where the defendant conducts a spot sales manufacturing and processing business without reporting, that is, the quality of the crime is not less and less than that of the crime in light of the contents and methods of the crime, the legislative intent of the Food Sanitation Act, and the records of punishment for the same and similar crimes, the balance of the general amounts of punishment in the same and similar cases, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, the motive, method and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc.,

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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