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(영문) 서울북부지방법원 2017.02.22 2016고단5551
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the Minister of Food and Drug Safety or the head of a Special Self-Governing City, a branch office of a Special Self-Governing City, or the head of a Si/Gun/Gu.

Nevertheless, the defendant did not report to the competent authority on March 12, 2016, from around November 22, 2016 to around August 22, 2016, with the trade name of "C" of approximately 8 square meters in size from Nowon-gu in Seoul Special Metropolitan City, and prepared and sold a meal for the customers who left the school, such as four tablers, cooling house, and gas rail, and prepared and sold the same for about 70,000 won per day, and operated a general restaurant business for raising sales of approximately 70,000 won per day.

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. For the purpose of preventing sanitary harm caused by the decision-making foods and protecting people’s health, any person who intends to provide food entertainment service shall be equipped with facilities that meet the standard and report to the competent authorities, and the Defendant has continued to engage in the business not reported at the same place from around 201, and in the process, from around 12 times to 12 times, the Defendant’s history of having been sentenced to a fine due to a violation of the Food Sanitation Act shall be determined as ordered in consideration of the sentencing conditions, such as the Defendant’s age, sex and environment.

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