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(영문) 대구지방법원 서부지원 2020.02.13 2019고정295
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who intends to engage in food sales business shall report to the head of a Si/Gun/Gu, but the defendant around 20:00 on February 25, 2019, the defendant did not report to the head of a Gun in a place without the trade name of a cafeteria located in Daegu-gun B, and sold food to one other, such as the instant case, by installing cooking facilities, without reporting to the head of a Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violating the Food Sanitation Act;

1. Application of statutes on site 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant has been punished several times for the same kind of crime, and that the size of packing paper is considerable is that the defendant is disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant, the present situation seems not to allow packaging, and the fact that the crime of this case constitutes the crime of living penalty is favorable to the defendant.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, circumstances after the crime, etc. and all the sentencing conditions stated in the arguments and records, the punishment as ordered shall be determined.

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