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(영문) 의정부지방법원 고양지원 2019.09.20 2019고단2247
식품위생법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu

Nevertheless, the Defendant did not report to the competent authorities, from June 2018 to August 2019, and had three air conditioners, 14 air conditioners, cooking facilities, etc. in the name of "C," from Goyang-gu B, Goyang-gu, So-called "C," and sold white accommodation, etc. to customers who find out such places, and operated general restaurants.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the enemy) - Written confirmation, and application of field photographs-related statutes;

1. Article 97 of the Food Sanitation Act applicable to the crimes, and Articles 97 (1) and 37 (4) of the Act on the Selection of Penalties;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has a history of being punished several times for the same crime, considering favorable circumstances, such as the fact that the defendant has no record of being punished in excess of the fine, and that the facility appears to have been removed, the sentence shall be determined as ordered by taking into account various circumstances, including the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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