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(영문) 의정부지방법원 2015.01.06 2014고단3503
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to operate a general restaurant business shall report his/her business to the competent authority.

The defendant shall, without reporting on his/her business to the viewing of Namyang-gu, from May 15, 2014 to the same year.

8. From the Namyang-si, Namyang-si, Inc. up to 27, with the trade name “Ccafeteria”, 30 square meters of the business site area, five tables, cooling house, kitchen, etc., and prepared and sold to many and unspecified persons an average of KRW 100,000 per day, including brinbed, alcoholic beverages (e.g., beer, beer, beer, beer, and beer).

Summary of Evidence

1. Defendant's legal statement;

1. The current status of unreported business;

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

1. Article applicable to the crime, Article 97 subparagraph 1 of the Food Sanitation Act, Articles 97 and 37 (4) of the Act on the Selection of Penalties, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has a criminal record of fines imposed on six times for the same crime.

Nevertheless, the same crime is still repeated, and it is not meaningful to punish the defendant as a fine even considering the defendant's assertion that it is a living-type crime.

Therefore, the defendant is selected to be sentenced to the suspension of execution in consideration of the fact that the defendant led to a crime and reflects against his/her will, and the defendant is given an opportunity to look back on his/her errors through the time when he/she served another person by ordering community service.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

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