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(영문) 대전지방법원 2020.05.29 2019고정1138
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in Daejeon Dong-gu B or C.

A person who intends to make a general restaurant shall have facilities meeting the facility standards for each type of business and report his/her business to the head of the competent Si/Gun/Gu pursuant to Article 37 (4) of the Food Sanitation Act.

Nevertheless, from June 28, 2019 to July 16, 2019, the Defendant, without filing a business report with the competent authority, installed steel-reinvinyl chloride structure, six water satisfaction pipes, 42 chairs, 187 air conditioners, three air conditioners, three air conditioners, two air conditioners, one water purifier, one water purifier, and one toilet and kitchen facilities, and prepared and sold food, such as alcoholic beverages, fresh lines, and a kitchen, and received a report on revenues of KRW 500,000 to KRW 60,000 per day, with the name of “D.”

Summary of Evidence

1. Defendant's legal statement;

1. A report on the place of the offence, a business trip report;

1. Application of statutes on field photographs;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Summary order: Fines of 15,000,000 won; and

2. Opinion of the prosecution: Fines of 10,000,000 won; and

3. Determination of sentence: Fine 8,00,000 won is heavy in view of the fact that the defendant has been subject to no criminal punishment for the business of making a report several times, but there is a heavy possibility of criticism by putting the crime of this case at hand, and the scale of business is large;

However, the defendant's mistake was remarkably divided, the health was not good, and the business of the above restaurant was discontinued, and all illegal facilities were removed during the trial.

Therefore, the defendant is sentenced to a more minor fine than a summary order.

The age, character and conduct, environment, and circumstances after the crime of the defendant;

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