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(영문) 서울북부지방법원 2017.11.15 2017고단3594
식품위생법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “D” in Seoul Special Metropolitan City, Nowon-gu.

From October 6, 2016 to August 14, 2017, the Defendant operated a general restaurant business without reporting to the competent government office, and with four depositors, 16 chairss, air conditioners, and kitchen facilities in the above place, and prepared and sold the chickens to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing status photographs;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. For the purpose of preventing sanitary harm caused by the foods determined to be sentenced to punishment and protecting the health of the people, a person who intends to provide food entertainment business shall be equipped with facilities that meet the standard and report to the competent administrative agency, the purport of the Food Sanitation Act, the Defendant has continued to engage in the business not reported in the same place from around 2010, and in the process, the record of fines imposed due to a violation of the Food Sanitation Act is seven times, and the Defendant’s discontinuance of business on November 7, 2017 and no longer repeating again. The size of the restaurant in this case shall be determined as per the order, taking into account the Defendant’s age, sex, environment, etc.

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