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(영문) 의정부지방법원 2016.08.23 2016고단2594
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in the Gu Government City B.

Although a person who intends to run a general restaurant business has reported to the competent authority, the Defendant, without reporting to the competent authority from May 2016 to June 27, 2016, provided c with the 30-scale table 10 tables, cooling and gas facilities and other cooking facilities, and operated a general restaurant business on a daily average by raising sales of the 100,000 won of 10,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (control background - Joint police control in the city/government);

1. Application of statutes on site photographs;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant was sentenced to a punishment of 300,000 won on September 26, 2001 to a violation of the Food Sanitation Act at the Jung-gu District Court on September 26, 2001, and the defendant again committed the same kind of crime even though he had the record of being sentenced to nine times criminal punishment due to the violation of the Food Sanitation Act of the same kind of food sanitation Act: The defendant recognized and runs the crime of this case; the defendant was in a profoundly against the defendant; the defendant was inevitably engaged in illegal business for the purpose of maintaining his livelihood because the economic condition is not good; the above 'C restaurant' has recently closed down its business; the above 'C restaurant' is determined as the order by taking into account all the factors of sentencing, such as the above circumstances and the defendant's age, sex, occupation, environment

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