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(영문) 울산지방법원 2019.09.04 2019고단1889
식품위생법위반
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a person who operates a general restaurant in the name of “C cafeteria” in Ulsan-gu B.

Any person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu,

Nevertheless, the Defendant, without filing a business report with the competent authority from February 9, 2017 to April 8, 2019, prepared and sold food cooking and selling facilities, such as 1,00 won average per day, 1,00,000 won for many unspecified customers, including 54 square meters of gas bags, 54 square meters of gas bags in freezing and refrigerating, 3, the freezing and refrigerating, 3, the air conditioners, 2, the water conditioning, 12, and 12, etc.

Accordingly, the defendant did not report to the competent authorities, but operated general restaurants.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing cafeteria 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. The reason for sentencing under Article 62 (1) of the Criminal Act under the suspended sentence shall be comprehensively taken into account all the circumstances shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the situation after the crime, etc., that the defendant has led to confession and repent of the crime in this case, and that the defendant has been punished for the same crime four times.

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