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(영문) 제주지방법원 2016.04.07 2016고정10
식품위생법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant in a public parking lot C located in Jeju at the time of Jeju.

Any person who intends to operate a food entertainment business shall report to the competent authority by type of business or place of business under the conditions as prescribed by the Presidential Decree.

Nevertheless, the Defendant, without filing a report from September 1, 2015 to September 7, 2015, is equipped with cooking facilities, such as coffee extraction and singcing, on the vehicles (D) at the same place, with a set of cooking facilities, such as tea extraction and singing, against many and unspecified persons (3,00 won) and a camera.

When selling sonds (3,00 won) and juice (3,000 won) and so on, it operated a restaurant business without reporting an average of 30,000 won per day.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. A copy of an automobile registration certificate or a certificate of inspection of structural change;

1. Application of statutes on site photographs;

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to a fine of KRW 300,000 on July 10, 2015 due to the Defendant’s act of running a restaurant without reporting a food truck, but at the same time, the Defendant’s act of running the instant crime is disadvantageous to the Defendant.

However, the defendant led to the confession of all the crimes of this case and divided his mistake, the size of the business is small, the business period is short, and the economic profit from the crime is not high, and there is no record of the crime except the above fine, and the restaurant business will be operated legally and legally in the future.

The punishment as ordered shall be determined by taking into account the following factors: the Defendant’s age and environment, the motive, means and consequence leading to the instant crime, the circumstances after the instant crime, and other various sentencing conditions as shown in the pleadings of the instant case.

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