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(영문) 서울서부지방법원 2020.09.10 2020고단1906
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

A person who intends to engage in food service business shall be equipped with the facilities prescribed by relevant Acts and subordinate statutes and file a business report with the competent authority. However, the Defendant, without filing a business report, sold food of approximately KRW 11,90,000 won on an average monthly basis to many unspecified customers who find the said business, with the facilities, such as a cooling room, 2, kitchen, 12, 12, and 48, within a place of business of approximately 56.1 square meter from July 20, 2019 to March 18, 2020, with the trade name of "C" from Yongsan-gu Seoul and the first floor.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

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

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. The sentence identical to the order shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the pleadings of the instant case, including the fact that a 13-time fine was imposed for the same kind of crime at the same place with the same reason for sentencing under Article 62(1) of the Criminal Act, and that there was no criminal conviction exceeding the fine, etc.

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