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(영문) 대전지방법원 천안지원 2020.04.07 2019고정870
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually resting restaurant with “D” in front of the C Park in Western-gu, Western-si, Western-si.

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

Nevertheless, the Defendant did not report to the competent authority, from September 15, 2018 to October 11, 2018, with cooking tools, such as pluging machines, anti-killss, and sprinking in D, sold to many and unspecified customers, and raised a daily sales of approximately KRW 1.30,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written request for investigation;

1. Application of Acts and subordinate statutes on photographed land;

1. Article 97 subparag. 1 of the Food Sanitation Act, Articles 97 subparag. 1 and 37(4) of the same Act, the selection of fines for the crime;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had been previously committed, the Defendant is disadvantageous.

However, the fact that the Defendant seems to be a small-scale windowmatic point, the sales size is difficult to be deemed to be large, etc. shall be considered as favorable circumstances.

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