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(영문) 전주지방법원 2015.06.11 2015고정128
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in Jeonbuk-gun, Jeonbuk-gun.

Anyone who intends to operate a general restaurant shall report to the head of the competent Si/Gun/Gu.

Nevertheless, the Defendant, without reporting to the competent authority from July 2007 to July 23, 2014, operated a general restaurant business with 10 square meters in size, 4, gas sirens, 2, air conditioners, and other cooking instruments, etc., and operated a general restaurant business with an average of 80,000 won per day.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (working together with related agencies);

1. A statement of detection;

1. A certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (which is not subject to the sentencing criteria) of the provisional payment order (which is recognized by the defendant as committing the instant crime, and the fact that the defendant has no record of being punished heavier than the amount of the punishment for the same kind of crime, etc., considering the favorable circumstances, such as the fact that the non-reported business period is relatively prolonged, etc., and considering the unfavorable circumstances, the defendant’s age, character and behavior, environment, motive, means and consequence of committing the instant crime, and the circumstances after committing the instant crime, etc., the punishment shall be determined as ordered by taking into account the various sentencing conditions

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