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(영문) 의정부지방법원 2016.03.24 2015고단4143
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall report a general restaurant in the name of "C" in the Guri-si B, and a person who operates a general restaurant shall not engage in a business outside the reported place of business.

Nevertheless, the Defendant, from July 16, 2015 to January 22, 2016, was indicted by the prosecution from around July 16, 2015 to around October 19, 2015, and the indictment was modified by this day.

In the above place, approximately 60 table table 495 square meters and approximately 240 chairs were installed in front of the place of business, and the business was operated without reporting the location of the place of business and the size of the area of the daily average of KRW 1,00,000,000 per day after cooking and selling to many and unspecified persons.

The prosecution instituted “unreported general restaurant business.” However, ex officio correction is made within the scope that does not deviate from the identity of the facts charged (it is not likely that the defendant would not have any substantial disadvantage in exercising his/her right of defense by giving his/her influence to the defendant) as “a business without reporting the location and area of the place of business.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on detection (violation of the Food Sanitation Act);

1. Each report (Violation of the Food Sanitation Act);

1. Investigation report (report on attachment to the cadastral map of the business site which is not a suspect);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 97 subparagraph 1 of the Food Sanitation Act and the latter part of Article 37 (4) of the same Act, inclusive, of the relevant laws and the choice of punishment for a crime (or the choice of imprisonment);

1. A extenuating circumstances for sentencing under Article 62(1) of the Criminal Act: The Defendant, while running his/her business outside the place of business originally reported in this case, was sentenced to a fine of KRW 5 million on July 10, 2014, and was again sentenced to a fine of KRW 7 million for the same crime on July 15, 2015, and continuously committed the instant crime with the same content in the same place even if the record became final and conclusive for the same crime on July 15, 2015.

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