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(영문) 의정부지방법원 2019.05.02 2019고정430
식품위생법위반
Text

Defendant shall be punished by a fine of one 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 general restaurant in the name of “C” in both weeks.

Any person who intends to operate a general restaurant shall report to the head of the competent Si/Gun/Gu by business type or place of business.

Nevertheless, the Defendant, without filing a report with the competent authority from June 16, 2018 to July 16, 2018, equipped with approximately 200 square meters of the above place with a kitchen facility and about 20 square meters of the table, and operated a general restaurant business that sells food, alcoholic beverages, etc., such as chickens (60,000), Saturdays (15,000), Saturdays (15,000 won), and alcoholic beverages (15,00 won), to an unspecified number of customers and raises sales equivalent to KRW 3.5 million.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection, a written confirmation of violation and a field photograph of regulation;

1. Application of Acts and subordinate statutes on sales data;

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 sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's recognition of each of the crimes in this case is against the defendant, there is no record of punishment for the same kind of crime, and the fact that the current situation is considered to suspend the business: The nature of the crime is not easy in light of the operating period and scale.

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