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(영문) 서울북부지방법원 2017.01.11 2016고단4660
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person operating a cafeteria with the trade name “C” in Seoul Special Metropolitan City, Nowon-gu, and a person who intends to conduct a general restaurant business shall report to the competent administrative agency. However, from October 29, 2015 to August 19, 2016, the Defendant operated a general restaurant business by installing six tables at the above-mentioned business with a size of 50 square meters and installing a cooking instrument, etc., and without reporting to the competent administrative agency, and cooking and selling the above business to the customers who find the above business without reporting to the competent administrative agency, and raising profits equivalent to an average of KRW 10,000 per day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the same Act concerning facts constituting an offense, and Articles 97 and 37 of the same Act concerning selective punishment, and selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. The fact that the records of punishment for committing the same kind of crime sentenced to punishment are up to 12 times a fine, the scale and period of business, and the defendant's business closure on December 11, 2016;

The sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be determined as per the order in consideration of the statement.

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