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(영문) 광주지방법원 2014.10.16 2014고단2794
식품위생법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In order to conduct business of cooking and selling foods, any person shall report the business to the competent administrative agency.

Nevertheless, from October 1, 2013 to May 23, 2014, the Defendant, without reporting to the competent authorities, operated a restaurant with the trade name of “C” in which approximately 100 square meters of size is equipped with a kitchen, a tabler 19, a large cooling house, a liquor cooling house, and a cooking facility, and operated a restaurant with business facilities such as a kitchen, a tabler 19, a large cooling house, a liquor cooling house, a kitchen, etc., and sold to customers, thereby making food cooking and selling approximately KRW 300,000 per day average daily sales to customers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on business trip reports and on-site photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant continues to commit the crime of this case even though he has received a summary order of a fine of three million won for the same crime, but it is necessary to impose a strict punishment. However, considering the fact that the defendant is both the time of and reflects the crime of this case, and that the defendant abandons his restaurant business at the above place, the sentence against the defendant shall be

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