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(영문) 의정부지방법원 2015.12.07 2015고단2930
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

Any person who intends to conduct general restaurant business shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu by business type or place of business.

Nevertheless, the Defendant did not report to the Namyang-si Mayor on December 9, 2014, from around July 16, 2015 to around July 16, 2015, operated general restaurants by cooking and selling food, such as white bars with an average of KRW 100,000 per day, and chickens, etc., to customers who found out a place, with a trade name of approximately 50 square meters of 50 square meters in the area of “E” in Gyeonggi-si, Namyang-si, Gyeonggi-si, with the trade name of “E”.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A certificate;

1. Accusation against business activities of unreported general restaurants;

1. Application of the photographic Acts and subordinate statutes;

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 Criminal Code of the community service order is that the defendant is punished with imprisonment in light of the fact that he/she again committed the instant crime even though he/she had been punished for violating the Food Sanitation Act, etc. while running a general restaurant business without permission at a place recorded in the facts of the crime in its judgment

However, under the circumstances favorable to the defendant, the fact that the defendant is recognized as committing the crime, there is no history of punishment exceeding the fine, and that the defendant expresses his intent not to engage in illegal business in the future is considered as the circumstances favorable to the defendant. In addition, the suspended sentence is imposed by taking into account all the sentencing conditions, including the background of the crime in this case, the circumstances after the crime in this case, the age, character and conduct of the defendant, and family environment, and social service for 80 hours is ordered to the defendant

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