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(영문) 서울중앙지방법원 2016.11.29 2016고단7162
식품위생법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities.

Nevertheless, the Defendant, without reporting to the competent authority from February 2, 2016 to September 27, 2016, operated general restaurants with the trade name of “D” in Gwanak-gu, Seoul Special Metropolitan City from around February 2, 2016 to around September 27, 2016, equipped with cooking facilities, such as four tablers, 16 chairs, 16 air conditioners, and gas bags, and prepared and sold to customers who find out the place, and sold the amount of 3.5 million won per month average.

Accordingly, the defendant is running food entertainment business without reporting to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of accusation, on-site photographing statutes;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions in the instant trial process, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be sentenced to a fine like the order.

o Unfavorable circumstances: A previous record of having been punished three times for the same crime with regard to the store of this case.

On December 24, 2014, the Seoul Central District Court sentenced two years of suspension of execution to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 24, 2014, and the judgment was finalized on January 1, 2015.

Even though he did not go to the crime of this case, he did not go to the crime of this case.

o A favorable circumstances: The size of business is relatively small, and there are not many profits generated from crimes.

It is possible to take into account the circumstances and motive of the crime, such as the building in which the store of this case was located and could not be reported as an unauthorized building.

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