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(영문) 수원지방법원 안산지원 2017.10.26 2017고단2459
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person who intends to engage in general restaurant business shall report to the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City or the head of a Si/Gun/Gu, as prescribed by statutes.

Nevertheless, the Defendant, without reporting to the competent authority from March 24, 2017, up to May 20, 2017, up to May 20, 2017, with the trade name of “E” from Mai-si D to 0:0:12, operated a general restaurant business for cooking and selling food, such as soil, chickens, etc., by installing facilities for cooking approximately 30 food, such as table and kitchen, in an area equivalent to approximately 70 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any business place violating the Food Sanitation Act;

1. Photographs related to the detection;

1. The application of Acts and subordinate statutes to investigation reports (to hear statements of public officials in charge and report), investigation reports (report on confirmation of the period of crime);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act that choose a sentence, and the choice of imprisonment (any unfavorable circumstances, such as the fact that the accused has been punished for the same kind of crime on several occasions, shall be considered);

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered favorable circumstances, such as the fact that the defendant acknowledges and reflects his mistake);

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