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(영문) 전주지방법원 정읍지원 2018.06.19 2018고정35
식품위생법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authority under the conditions as prescribed by the relevant Acts and subordinate statutes.

The Defendant, without reporting to the competent authority on October 28, 2017, from around November 28, 2017 to around November 8, 2017, had approximately 20,000,000,000 won average per day, after preparing and selling pigs, booms, and patrols, with the name of “D cafeteria” in the previous North-to-Eup Si, Chungcheongnam-si, the size of approximately 165.2 square meters of 165.2 square meters of “D cafeteria”.

Accordingly, the defendant was engaged in general restaurant business without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on accusation to persons who violate the Food Sanitation Act;

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, the content and circumstances of the instant crime, the circumstances after the instant crime, the Defendant again committed a crime even though he/she was punished by a fine twice for a crime similar to that in 2016 and 2017, and other factors of sentencing, including the Defendant’s age, occupation, and environment, shall be determined by comprehensively taking account of various factors of sentencing.

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