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(영문) 의정부지방법원 2018.09.13 2018고단2749
식품위생법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities.

Nevertheless, the Defendant, without filing a report with the competent authority from July 5, 2017 to May 9, 2018, operated a general restaurant business by cooking and selling national numbers, gymnasium, gymnasium, and drinking water to many unspecified customers with the trade name of “E” located in Namyang-ju C, with approximately 15 square meters in size.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes on site photographs for accusation and unreported business activities;

1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 97 and Article 37 (4) of the Food Sanitation Act (Optional to Imprisonment with prison labor);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of the recommended sentencing criteria: Non-establishment of the sentencing criteria.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as one year of imprisonment, two years of suspended sentence, and the age, occupation, sex, family relationship, and circumstances before and after crimes;

The defendant committed the same kind of crime continuously: The circumstances that are favorable to the defendant: The confession of the crime of this case

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