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(영문) 대구지방법원 경주지원 2019.07.24 2019고단160
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Where any person intends to operate a resting restaurant business, he/she shall report the business to the competent authority.

Nevertheless, the Defendant, without filing a business report with the competent authority from May 10, 2016 to November 13, 2018, installed 25 square meters in the size of the business site in the name of “C” in the name of “C” from May 10, 2016 to the competent authority, and operated a resting restaurant business by preparing and selling Kim Fed, Hab and Hab, and Hab, etc., and raising about an average of approximately 600,000 won per day, with the name of “C”.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation of the racing market;

1. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power);

1. Relevant Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning facts constituting an offense (to select a fine in general);

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, including the fact that the defendant has already been issued two times as a non-reported business with the same contents as a summary order, and that the defendant still continues to conduct the same business at present, constitutes an unfavorable circumstance to the defendant. The location of the real estate that the defendant purchased in order to move the place of business is far away from the place of business in this case and it is difficult to regard it as a business district with favorable sentencing. Therefore, it is difficult to reflect it as a favorable sentencing data.

However, it seems that the defendant does not intentionally avoid reporting obligation due to the situation where it is impossible to accept the report on the rest restaurant business of this case, which was already in sex business under the relevant Acts and subordinate statutes, and the business of this case has caused the harm to food sanitation.

The circumstance that the place of business, such as the preservation and promotion of the historical and cultural environment or the protection of cultural heritage, has caused the result contrary to the purpose of the district.

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