(영문) 전주지방법원 2015.04.29 2015고정136

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(영문) 전주지방법원 2015.04.29 2015고정136

식품위생법위반

Text

Defendant shall be punished by a fine of three 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 the former North Korean Forest Service B.

Anyone who intends to operate a general restaurant shall report to the head of the competent Si/Gun/Gu.

Nevertheless, from August 28, 2013 to July 18, 2014, the Defendant did not report to the competent authorities, and provided 115.5 square meters in the above place with 12 food table table, 12 gas table, 6 air conditioners, 2 air conditioners, and other cooking equipments, etc., and prepared and sold the joint bath, etc. to the customers who come from eating, and then raised an average of 50,000 won per day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on photographs and copies of business registration certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 97 subparagraph 1, 37 (4), and 36 of the Food Sanitation Act that choose a sentence;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include the Defendant’s favorable circumstances, such as the fact that the Defendant committed the instant crime, and the Defendant was sentenced to a fine of KRW 500,000 for the same criminal facts as the same on January 5, 2012 (after that, D, who is the Defendant’s wife, claimed that he was the owner of the instant restaurant, was sentenced to a fine of KRW 700,00 for the same criminal facts as on August 27, 2013). The period of the instant crime is not short and the restaurant is not smaller than the period of the instant crime, and all the conditions for sentencing as shown in the records and arguments of the instant case, including the circumstances unfavorable to the Defendant, such as the Defendant’s age, character, environment, motive, means, method, and consequence of the instant crime, and the conditions before and after the instant crime

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