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(영문) 의정부지방법원 2017.11.02 2017고정1907
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 be equipped with facilities meeting the facility standards prescribed by Ordinance of the Prime Minister and report to the competent authority, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without filing such a report from October 2016 to March 20, 2017, operated a general restaurant business with the trade name of “C” in Gyeonggi-gu, Gyeonggi-do, with 21m2, guest seat 95m2, a total area of 116m2 and 7m2, etc. on a household building with a cooking room of 21m2, a total area of 116m2, etc., and operated a general restaurant business with an average of 50,000 won per day to customers who find a place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of business trip;

1. Application of statutes on site 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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the defendant when committing the instant crime, the fact that there is no record of punishment for the same kind of crime, the scale and operation period of the restaurant, and other factors of the defendant's age, sex, environment, etc. shall be determined as the same as the order.

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