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(영문) 대전지방법원 천안지원 2018.11.29 2018고정738
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant in the name of "E" in Nam-gu, Nam-gu, Nam-gu.

Anyone who intends to operate a resting restaurant business shall report to the competent administrative agency.

Nevertheless, the Defendant, without reporting to the competent authority, established a place of business with a steel reinforced concrete structure (a approximately 165 square meters) in the said place from January 12, 2018 to July 13, 2018, and provided 1, washing facilities, 1, cooling facilities, 11, 14, and 44, and 10,000,000 won per day with cooking facilities inside the said place. The Defendant sold approximately 31,000,000,000,000 won of beverages and 10,000,000,000 won per day against many and unspecified persons, such as coffee, tea, and dice, and so on.

Accordingly, the defendant did not report to the competent authorities on the restaurant business and did not report the restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the results of business trips;

1. Application of Acts and subordinate statutes on photographed site;

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records several times, and the operating period is not shorter.

However, after the Defendant’s control over the instant crime, the Defendant was trying to correct the illegal elements by starting business in the form of selling only finished products after the suspension of business for about one month.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the various factors of sentencing as shown in the pleadings, such as the defendant's age, sex, environment, motive for committing a crime, and circumstances after committing a crime.

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