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(영문) 대전지방법원 2019.07.25 2019고정514
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to operate a resting restaurant business shall report his/her business to the head of the Gu.

In December 2017, from February 20 to February 20, 2019, the Defendant did not report the business, installed a cooking facility, such as 2, a mobile rier in the Dong-gu B dong-gu, Daejeon-gu, Daejeon-gu, and 1, a bend, a bend, a machine, a bend, and a rotobbbbbbbbus display, a gas bag, 4, a gas bag, 2, a sobry, and a machine giving and giving and receiving, etc., and sold them by preparing approximately KRW 2,50,000 per day.

Summary of Evidence

1. Defendant's legal statement;

1. A judicial police officer's interrogation protocol of the accused;

1. Scenes and on-site photographs (the defendant asserts that he/she was engaged in business only during the period from September to February of the following year during the criminal facts. According to the evidence, the defendant established a kitchen, etc. at the same place during the criminal facts period and operated a resting restaurant; Provided, That the defendant was a poor business during the period from March to August of the same year and did not actually engage in funeral activities, and the fact of violating the Food Sanitation Act during the criminal facts can be acknowledged.).

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, acknowledges and reflects his criminal act.

Defendant

As alleged, during the period from March to August, the operation of the funeral service need not engage in funeral service activities as the business is poor.

However, even though the Defendant was punished by the same kind of crime (500,000 won), the Defendant continued to repeat the crime in the same manner at the same place.

The sentence is imposed as ordered in consideration of the defendant's age, character and behavior, family relation, motive, means and consequence of the crime, and the circumstances after the crime.

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