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(영문) 서울서부지방법원 2020.10.22 2020고단2168
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in food service business shall be equipped with the facilities prescribed by the relevant Acts and subordinate statutes and report to the head of the competent administrative agency by type of business or place of business, but the defendant, without reporting the food service business, sold to an unspecified number of customers visiting the said place of business with facilities such as 3 air conditioners, 3 air conditioners, 1, 1, 1, 12, 40,000 won per month, and 10,000 won per month, and 1,000,000 won, and 1,000,000,000 won per month, by cooking the incidental waste, chills, etc. in the name of “C” located in Yongsan-gu, Seoul from July 20 to April 21, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A written accusation;

1. Application of Acts and subordinate statutes on business site photographs;

1. Article 97 of the Food Sanitation Act applicable to the facts constituting an offense, and Articles 97 (1) and 37 (4) of the Act on the Selection of Penalties;

1. On the other hand, the suspended execution of punishment was imposed by a majority of fines for the same kind of crime at the same place as the grounds for sentencing under Article 62(1) of the Criminal Act, but the crime of this case was committed again. On the other hand, the defendant shows an attitude contrary to his wrong recognition, and the suspension of business is taking into account the defendant's age, character and conduct, family relationship, health and economic condition, and the circumstances after the crime committed, etc.

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