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(영문) 인천지방법원 부천지원 2018.05.03 2018고정193
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates C in Bupyeong-si B.

Any person who intends to conduct a business prescribed by Presidential Decree shall report to the head of a Si/Gun/Gu by type of business or place of business, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without filing a report with the competent Mayor from October 24, 2017 to November 2, 2017, operated a restaurant with food of approximately 50,00 won per day on an average of 50,000 won, by preparing and selling a balbbbbbbre (1,00 won/3) with facilities, such as one balbrecer, one facility, two LPG gas, etc., in the same place, at the same time as C, and in selling the same facilities.

Accordingly, the defendant did not report to the competent Mayor and did not engage in the restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (receiving an accusation against an unreported restaurant);

1. Application of the Food Sanitation Act to accusationss, accusationss, written statements, field photographs;

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

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

1. On March 17, 2017, the Defendant again committed the instant crime even though he/she had been punished for a violation of the Food Sanitation Act due to the violation of Article 334(1) of the Criminal Procedure Act, which was committed on March 17, 2017.

However, the Defendant committed a second offense by simply engaging in a breabbbing funeral for living in winter under economic difficulties.

the defendant is highly likely to be subject to criticism

In light of the circumstances favorable to the defendant, such as the fact that the period of business is short, the sales of 50,000 won per day was generated only, and the fact that the defendant was voluntarily withdrawn within the time limit after the discovery, etc., the punishment shall be determined like the order, taking into account the circumstances favorable to the defendant.

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