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(영문) 의정부지방법원 고양지원 2018.09.06 2018고정727
식품위생법위반
Text

Defendant shall be punished by a fine of two 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 resting restaurant in the name of "C" in Pakistan-si.

Any person who intends to provide food entertainment business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu/Gu, the branch office of the Special Self-Governing Province or the head of a business establishment, as prescribed by Presidential Decree.

Nevertheless, the Defendant did not report to the competent authority on the scale of about 60 square meters in the above C from September 2017 to April 25, 2018, and provided one cooling house, coffee machine, 1 unit, 6 table table, 24 chairs, and other cooking instruments, etc. with facilities for customers.

The restaurant was operated in a resting restaurant by selling dypurgs, dyp, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Scenic photographs of the business site;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

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 punished by a fine for a violation of the same kind of Food Sanitation Act due to the business of a general restaurant without reporting in 2015.

In addition, the punishment as ordered shall be determined in consideration of the period of the restaurant business, the place of business and the size of the business, the defendant's misstatement against his/her own mistake, etc.

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