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(영문) 부산지방법원 동부지원 2017.11.09 2017고단1888
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall meet the requirements under the Acts and subordinate statutes on food sanitation and report it to the competent authority.

Nevertheless, the Defendant, without filing a report with the head of the Busan Gun, operated a general restaurant business from August 18, 2015 to September 21, 2017, by selling to unspecified customers visiting the above restaurant with cooking facilities, such as 27 tablers for 4 persons from the 2nd to the 2nd to the 3nd to the 2nd to the operation of the Defendant located in the Busan Gun captain-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of duty data for the previous year of a general restaurant that has not been reported), response to investigation data of food service establishments, reporting on the results of the control of illegal restaurant business activities in waterworks areas, and the application of Acts and subordinate statutes to photographs

1. Subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning facts constituting an offense, and selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is already committed in the same place and continues to operate an illegal restaurant business in spite of having been issued a summary order on two occasions, and the nature of the crime is not weak, and the scale of the business is not small (4).

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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