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(영문) 부산지방법원 2019.07.25 2019고단1456
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu

Nevertheless, the Defendant did not report the above, and from February 20, 2019, the same year.

3. From 14th to 14th, a 23-dimensional store with the trade name of “C” was installed in a 23-dimensional store in Busan Jung-gu B market, and a 23-dimensional store, and a kitchen was operated by cooking and selling an original decoration in an amount of approximately KRW 50,000 per day against many unspecified customers suffering from the place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A letter from each person;

1. A written accusation;

1. Notification of detection of business places violating each statute, and application of each field photograph Act and subordinate statutes;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for suspended sentence”) has a history of criminal punishment five times for the same offense, and the act of unreported business at the place of this case from around 2014 to the point of this case was committed again despite the fact that the defendant had been subject to criminal punishment four times due to the fact that he/she again committed the crime. However, even though the defendant confessions all of the crimes and is in depth, the defendant does not operate his/her business any longer after the institution of this case, taking into account the defendant’s age, career, etc.

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