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(영문) 부산지방법원 동부지원 2017.11.08 2017고단1887
식품위생법위반
Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall meet the requirements under the Acts and subordinate statutes on food sanitation and report it to the competent authority.

Nevertheless, the Defendant, without filing a report with the head of Busan Gun, operated a general restaurant at the “C” restaurant operated by the Defendant from March 4, 2014 to September 21, 2017, with approximately 30 square meters in size, and with cooking facilities such as 12 tablers, air conditioners, and gas facilities, and sold to many and unspecified customers visiting the said restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of duty data for the previous year of a non-reported general restaurant), inquiry into and reply to investigation data of food entertainment business establishments, reporting on the results of the crackdown on illegal restaurant business activities within waterworks protection zones, and the application of Acts and subordinate statutes

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the business period and size of the restaurant of this case are not small, and that the defendant has two criminal records identical to that of the restaurant of this case.

However, it is favorable for the defendant to recognize the facts charged and seriously reflects the facts charged, the fact that the defendant seems to operate the restaurant of this case to maintain his livelihood, and the fact that the defendant has no record of criminal punishment except for two fines.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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