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(영문) 제주지방법원 2018.01.11 2017고정568
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant in a c parking lot located in Jeju City, using a food strawler.

Any person who intends to operate a restaurant business shall file a report with the competent authority.

Nevertheless, without reporting, the Defendant, from the early April 2017 to April 28, 2017, equipped with cooking facilities, such as gas sirens, iron plates, and air conditioners, inside the above place, sold black pigs urban (9,000 won) and children urban (7,000 won) to unspecified customers.

As a result, the defendant was engaged in a restaurant business with an annual average of 50,000 won without filing a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and accusationss prepared in the D;

1. Application of the Acts and subordinate statutes on the photograph ledger;

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. In light of the fact that the Defendant commits the instant crime even though he/she was punished for a violation of the Food Sanitation Act in around 2016 even if considering the circumstances, such as the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant, and that the wife’s health is not good, it is difficult to reduce the amount of the fine for the summary order in light of the fact that the Defendant committed the instant crime.

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