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(영문) 대전지방법원 천안지원 2017.09.27 2017고정578
식품위생법위반
Text

Defendant shall be punished by a fine of 1.5 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 operates a “C fishing place” in Seoan-gu, Seoan-gu, Seoan-gu.

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

Nevertheless, from December 28, 2014 to December 21, 2016, the Defendant, without reporting to the competent authority, provided gas facilities, cooking facilities, washing facilities, tablers, chairs, and all other cooking facilities at the same place, and operated a sale of a kimchi dog, a fluor, a fluor, a fluor, a fluor, and a fluor, to a large number of unspecified people who find a fishing place.

Accordingly, the defendant was engaged in food entertainment business (general restaurant) without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written confirmations of public officials in charge;

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

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. That the Defendant’s business period is not shorter than the period of sentencing under Article 334(1) of the Criminal Procedure Act is disadvantageous to the Defendant.

However, the defendant recognizes his mistake and is against his will.

The scale of business is not so large as to sell some food incidental to the fishing place business.

There is no criminal punishment exceeding a fine.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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