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(영문) 수원지방법원 평택지원 2019.06.14 2019고단234
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities.

Nevertheless, on June 25, 2018, from around February 24, 2019 to around December 24, 2019, the Defendant, without reporting business to the competent authorities, conducted general restaurants by cooking and selling food of blades, etc. and selling approximately 300,000 won average daily food, if he/she is equipped with cooking and convenience facilities, such as cooling, water ties, and so forth, against many unspecified customers who find such places.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Voluntary statement of D or E;

1. Application of Acts and subordinate statutes to a report on investigation (re-verification of the fact of continuation of 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the business size and duration of the instant case, and the Defendant did not have any criminal records identical to the Defendant. The Defendant closed down on April 6, 2019, and other factors indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, etc., comprehensively taking account of the various factors of sentencing under Article 51 of the Criminal Act

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